What measures should the industrial park procuratorate take to give full play to its procuratorial function?

At present, China is in a period of social transformation, and its economic system, social structure, interest pattern and ideas are undergoing profound changes. At present, it is not only a period of strategic opportunities for economic and social development, but also a period of frequent social contradictions and disputes. Procuratorial organs' participation in social management innovation is faced with new tasks and requirements of social management innovation. The innovation of social management needs holistic thinking to realize the unity of dispute prevention and dispute resolution. Theoretically speaking, the study of social management innovation can make up for the lack of legal relief and promote the expansion of social management functions; From a practical point of view, the research on social management innovation can explore a direct and feasible mode of constructing dispute resolution mechanism from the perspective of system construction. Procuratorial organs must base themselves on procuratorial functions, identify the starting point and focus of strengthening and innovating social management, strive to achieve "five extensions" by building "three platforms", conscientiously improve "eight mechanisms" and actively strengthen and innovate social management.

First, build three platforms to fully perform the functions of procuratorial organs in social management innovation.

1. Seriously build a platform for making suggestions to the Party committee and government, and consciously serve the overall situation of development.

First, correctly handle the relationship between law and innovation and consciously safeguard the dignity and authority of law. Innovation means a certain degree of adjustment and change, and the rule of law requires that good laws be universally observed and the authority and stability of laws be maintained. Then, in the process of social management innovation, how to coordinate the relationship between innovation and the rule of law should attract people's attention, especially governments at all levels. In practice, the practices of some local governments and relevant departments exposed the relationship between innovation and the rule of law. For example, in some places, detailed information such as photos and resumes of people who commit theft crimes are posted in public places such as shopping malls and stations to warn customers and passengers to beware of theft. Such "well-intentioned" social management innovation measures have also aroused great doubts. Innovative social management must be based on the rule of law. The more people pay attention to and reflect the strong problems, the less they can replace the law with power. They should respect and abide by the rules, manage social affairs and solve social contradictions through legal means. Once the innovation of social management is divorced from the rule of law, it is arbitrary and unpredictable. Even though it may contribute to social stability in a specific period, it cannot guarantee the rational distribution of social interests in the long run. On the contrary, it will put society at an uncertain risk. When specific disputes arise, they cannot be resolved in a timely and fair manner, and they cannot effectively resolve contradictions and solve problems. Second, it is necessary to further strengthen the investigation and analysis of the law of criminal cases, and provide decision-making reference for promoting the construction of social security prevention and control system. By giving full play to the functions of investigation, supervision and public prosecution, we will strive to improve the comprehensive management measures of social management in procuratorial links, conduct dynamic analysis of various criminal crime data in time, form a number of high-quality criminal analysis and investigation reports, and put forward suggestions to the party Committee and government to eliminate hidden dangers, strengthen management and prevent crimes. Third, it is necessary to further strengthen the analysis and judgment on the characteristics and causes of duty crimes, so as to provide decision-making reference for promoting the construction of anti-corruption and building a clean government. Combined with the investigation and handling of cases, we will carry out preventive investigation on the areas and links prone to duty crimes, and timely put forward procuratorial suggestions to the units and competent departments where duty crimes occur to improve the system, plug loopholes and standardize management. Fourth, it is necessary to further strengthen the supervision of judicial and administrative law enforcement activities, and provide decision-making reference for promoting fair justice and administration according to law. By fully performing the function of litigation supervision, carrying out the work of reporting and receiving visits, we can find out the unfairness, illegality and deviation of law enforcement in judicial administrative law enforcement departments in time, and issue timely notices of correcting violations and procuratorial suggestions to promote fair justice and standardize law enforcement.

2, effectively build a good procuratorial service platform, and strive to improve the service level.

First, focus on investigating cases and strive to safeguard people's livelihood and civil rights and people's interests. According to the deployment and arrangement of the Supreme People's Procuratorate, it is necessary to closely focus on the key areas of people's livelihood where job-related crimes are prone to occur frequently, and promptly investigate and deal with job-related crimes that endanger people's livelihood in areas such as education, employment, food and medicine, medical and health care, social security, land acquisition and demolition, emergency rescue and disaster relief, resettlement compensation, subsidies for benefiting farmers, returning farmland to forests, resource development and environmental protection. For acts that infringe on the public interests of the state and society, we should conscientiously implement the spirit of the Jinggangshan Conference in the Supreme People's Procuratorate, deepen the reform of the three key tasks of civil administrative procuratorial work, actively carry out public interest litigation, and earnestly safeguard the public interests of the state and citizens. The second is to ensure the smooth progress of litigation activities and earnestly safeguard the legitimate rights and interests of litigation participants. Protect the legitimate rights and interests of witnesses and informants, handle reports from the masses and complaints from parties to cases according to law and give clear answers. Safeguard the legitimate rights and interests of victims, try our best to recover losses and help solve practical difficulties. Safeguard the litigation rights of criminal suspects, defendants and lawyers. Correct all kinds of situations that infringe upon the legitimate rights and interests of litigation participants in a timely manner according to law. Third, we should actively participate in community correction as a means to help and educate special groups. Strengthen the follow-up supervision of the community correction work of personnel such as control, probation, parole and execution outside prison. Support relevant departments to do a good job in the treatment of special personnel such as drug-related AIDS and cancer patients. Cooperate with relevant departments to strengthen the service management of floating population. Fourth, carry out legal publicity and education to protect the legitimate rights and interests of minors, women and children. Work closely with the community, the Communist Youth League, schools and organizations for the protection of minors to strengthen legal publicity and education for minors. Strengthen the education and rescue of juvenile offenders. Actively carry out rights protection activities for women and children.

3. Seriously build an internal case management platform to further promote fair and honest law enforcement.

First, we should strengthen case management and standardize the correct operation of procuratorial power. In strict accordance with the requirements of the Supreme People's Procuratorate and provincial and municipal hospitals, we should strengthen the construction of case management centers, strive to improve the law enforcement case management and supervision system that integrates filing, handling, examination and approval, inquiry and supervision, so as to achieve centralized acceptance, unified access, process management and dynamic supervision, and realize the whole process, refinement, real-time and openness of case management and supervision. The second is to strengthen case supervision and improve the quality of law enforcement. Establish electronic law enforcement files. Improve the quality evaluation of law enforcement, conduct a monthly inspection of the handling of cases, so that every case must be investigated, and incorporate the evaluation results into the annual assessment objectives of police officers, as an important basis for police officers' performance evaluation, promotion and accountability for law enforcement faults. The third is to organize case evaluation to ensure the effectiveness of law enforcement. It is necessary to continuously strengthen the construction of law enforcement quality, and carry out detailed evaluation activities on the fact finding, evidence collection, procedure application, legal application, processing results and social effects of cases handled by procuratorial organs through inspection and marking, discussion and investigation, and visiting and commenting, so as to continuously improve the quality of handling cases and the level of law enforcement, and ensure that every case handled by procuratorial organs can stand the test of history, time and facts.

Two, we should strive to achieve the five extensions, and actively explore and innovate the social management of procuratorial organs.

1. To promote the administration and standardized management of government departments according to law, it is necessary to improve the supervision mode and realize the extension of procuratorial work.

First, strengthen the supervision of major livelihood projects. Strengthen the supervision of projects and funds that benefit the people and farmers, and increase the management and supervision of funds that benefit the people, such as resettlement funds, education funds, labor security funds, basic medical security funds, poverty alleviation funds, returning farmland to forests, and land development and consolidation funds, in conjunction with relevant departments to ensure the implementation of projects that benefit the people. The second is to carry out simultaneous supervision of major engineering projects. Strengthen the supervision of major infrastructure projects and major livelihood construction projects, such as project initiation, planning, land acquisition and demolition, project bidding, project construction, project acceptance and final accounts audit, timely carry out preventive publicity and preventive investigation, track and supervise the operation of financial allocation, fund management and project quality in major project construction, and ensure the safety of government investment. Third, actively explore and carry out administrative public prosecution. The illegal exercise of administrative power by administrative organs leads to the loss of state-owned assets, environmental pollution, unreasonable use of land, illegal examination and approval of public projects, illegal bidding and contracting, etc. Through administrative procuratorial work, we will earnestly safeguard public interests and effectively supervise the legitimate operation of administrative power.

2. We must adhere to the mass line and realize the extension of procuratorial tentacles to grassroots political organizations and grassroots people.

First, we must improve measures to facilitate the people and benefit the people. Adhere to and improve the people's supervisor system. Establish procuratorial liaison offices in towns, streets and communities, implement procuratorial open days, and hire NPC deputies, CPPCC members and grassroots mass autonomous organizations as procuratorial liaison officers. Extensively carry out legal publicity and education, promptly investigate and prevent duty crimes committed by grassroots organizations, properly solve the reasonable demands of grassroots people, and earnestly safeguard the harmony and stability of towns and streets. The second is to deepen procuratorial disclosure. We will set up an information consultation platform for procuratorial work, set up electronic procuratorial public inquiry systems such as electronic display screens and automatic touch screens, solicit public opinions through forums, hearings and questionnaires, and safeguard the people's right to know and supervise procuratorial work.

3. It is necessary to standardize the operation of power, realize the standardization of procuratorial supervision and law enforcement, and ensure the open and fair extension of litigation activities.

First, we must strengthen the supervision of litigation procedures. Grasp the problems of lax law enforcement and unfair justice strongly reflected by the people, strengthen the supervision of key links and posts in litigation activities such as filing a case, investigating, changing compulsory measures, seizing frozen funds and materials, and trial execution, increase the supervision and correction of procedural violations, and ensure substantive justice with procedural justice. Second, we should strengthen the legal supervision of judicial personnel's litigation violations. By reviewing the case files according to law, investigating and verifying the illegal facts, putting forward opinions to correct the illegal facts, suggesting to replace the case handlers, and filing a case to investigate the duty crimes, we will promptly investigate and verify the dereliction of duty of judicial personnel, resolutely correct the phenomenon of lax law enforcement and judicial injustice, and enhance the judicial credibility.

4. Strengthen investigation and study, realize the implementation of criminal justice policy by procuratorial function, and promote the correct implementation of national laws.

First of all, we must ensure the correct application of criminal justice policies. Conscientiously implement criminal justice policies such as "two expansions and two reductions", tempering justice with mercy and criminal reconciliation, strengthen communication and coordination with public security organs, people's courts and other departments, * * * study and solve new situations and new problems in the implementation of national criminal justice policies, unify policy boundaries and law enforcement standards, and promote the full implementation of various policies in all aspects of criminal proceedings. The second is to strengthen coordination and communication with investigation organs, judicial organs and penalty execution organs. Establish a notification system with the investigation organ for handling criminal cases and taking and changing compulsory measures. Actively communicate with the people's courts, unify the standard of evidence, eliminate the differences in understanding between fact finding and legal application, actively promote the standardization of sentencing, further standardize discretion, and strive to coordinate and solve the problem of fair and balanced handling of duty crime cases. Establish a supervision information interconnection system with the penalty execution supervision organ to ensure that the procuratorial organ can realize the synchronous and dynamic supervision of the penalty execution change and supervision activities.

5. It is necessary to innovate working methods, realize the extension of procuratorial handling cases to active participation, and guide the parties to resolve contradictions and disputes.

First, we must actively carry out criminal reconciliation. Accurately grasp the scope of application of criminal reconciliation, focus on standardizing the procedures of notification, reconciliation and review, and ensure that the parties reach a settlement agreement voluntarily and legally. Take the initiative to accept supervision and invite people's supervisors, image supervisors and community representatives to participate in the trial and evaluation of criminal reconciliation cases to ensure openness, fairness and transparency. Follow-up, pay close attention to the correction and return of criminals in time. Second, we must conscientiously carry out the work of reconciliation. In the process of handling civil administrative appeal cases with effective judgments and rulings, the procuratorial organs shall preside over them, and the two parties shall adopt the methods of empathy, case guidance, family persuasion, advantages and disadvantages analysis, etc. based on the principles of voluntariness, fairness and legality, so as to facilitate the two parties to reach a settlement and solve their contradictions and disputes in time. Third, we must explore reconciliation and guidance. For minor criminal cases and civil administrative appeal cases with clear victims, prosecutors will guide the two parties to reconcile themselves, or guide the two parties to reach a settlement agreement under the mediation of a third party, so as to help resolve contradictions and achieve dispute resolution.

6. It is necessary to deeply analyze the current situation of social management in China and make it clear that social management innovation must be based on the rule of law.

Innovating social management based on the rule of law can be considered from both internal and external perspectives. First, China's current social management innovation is carried out under the historical background of governing the country according to law and building a socialist country ruled by law, and under the premise that the socialist legal system with Chinese characteristics has been formed. If China's policies and laws in the early days of reform and opening up were mainly the products of the planned economy era and could not meet the needs of social development, then there are special historical reasons for breaking through the law to carry out reforms and "crossing the river by feeling the stones". Then, with the deepening of reform and opening up for more than 30 years, by the end of 20 10, a socialist legal system with Chinese characteristics had been formed, and China's constitution and laws basically met the needs of reform and opening up and modernization, and there were basically laws to follow in all fields of national politics, economy, culture and social life, which undoubtedly provided a strong foundation and practical means for strengthening social construction and innovating the management model of a society ruled by law. Second, as far as the rule of law itself is concerned, although it is not the only mode of social management, compared with other management modes, the rule of law is the most transparent, the lowest social cost and the most acceptable way. The rule of law is an important symbol of the progress of human civilization, the best way to achieve social management peacefully and rationally, and the guarantee to achieve long-term national stability and promote social harmony. Through social management under the rule of law, the objectivity and certainty of law can replace the randomness and uncertainty of power, thus safeguarding citizens' rights and public interests and promoting the realization of a kind and harmonious social management state. In short, social management innovation based on the rule of law is not only necessary, but also feasible. Three, we should conscientiously improve the eight mechanisms, conscientiously implement the specific work of strengthening and innovating the social management of procuratorial organs. (1) Improve the mechanism for investigating and resolving social contradictions. In combination with law enforcement, we will regularly analyze the social stability situation, investigate and study the causes of contradictions and disputes and ways to resolve them, strengthen the investigation and handling of outstanding contradictions, and strive to eliminate unstable factors in the bud. (2) Improve the contact meeting mechanism. Establish and improve the procuratorial supervision mechanism of administrative law enforcement with public security, industry and commerce, taxation, quality supervision, drug administration, health, auditing and other administrative departments, regularly report, discuss, analyze and discuss the problems existing in administrative law enforcement, and promote the administrative organs to standardize law enforcement and administration according to law. (three) improve the risk assessment mechanism of law enforcement. Strengthen the risk awareness of law enforcement and case handling, improve the assessment and early warning of the whole process of law enforcement and case handling, and do a good job in risk assessment and early warning when handling major and complicated cases and making decisions such as not approving arrest, not prosecuting, not filing a case, not paying compensation, not protesting, and withdrawing the case, so as to prevent new social contradictions from being triggered by improper law enforcement. (4) Improve the emergency handling mechanism for procuratorial law enforcement. Under the unified leadership of the Party Committee, strengthen coordination and cooperation with relevant departments, establish an emergency working mechanism and a rapid response system for procuratorial organs, accurately grasp key groups, key links and key cases that affect stability, and timely discover and properly handle emerging and tendentious problems that may affect social stability in procuratorial work. (5) Improve the rescue mechanism for criminal victims. Strengthen contact and cooperation with civil affairs, justice, education, human resources and social security, health, the Communist Youth League, women's federations, disabled persons' federations and other relevant departments, and jointly carry out the rescue work for criminal victims, effectively helping criminal victims and their close relatives to alleviate economic difficulties, relieve mental stress, reduce social opposition and promote social harmony and stability. (6) Improve the expression mechanism of people's demands. Broaden the channels of contact with the masses, keep abreast of social conditions and public opinions, listen to the voices of the masses in various ways, extensively carry out legal publicity, take the initiative to provide legal advisory services, guide the masses to express their demands rationally and peacefully, and safeguard their legitimate rights and interests according to law. (7) Improve the law enforcement mechanism. Take the initiative to do a good job in answering questions, policy propaganda, and ideological guidance. And in every link of handling the case, the relevant parties are given in-depth and detailed legal reasoning and explanation, so that the relevant parties can clearly understand the legal provisions, the offenders plead guilty and accept the punishment of the law, and the victims recognize the legal treatment. (eight) improve the people's evaluation and procuratorial work mechanism. It is necessary to closely combine the current special rectification activities to standardize judicial behavior, focus on the theme of strengthening legal supervision and maintaining fairness and justice, further improve credibility, enhance driving force and execution, actively perform legal supervision functions, and strive to explore new ways for procuratorial organs to serve the overall situation of society, provide strong judicial guarantee for building a harmonious society and economic development, and take people's satisfaction evaluation as an important factor to judge the quality of procuratorial law enforcement. We should take the initiative to listen to the opinions of the masses and accept their supervision. Earnestly carry out a return visit to the case, listen to the opinions of the case-issuing unit, the parties concerned and their relatives on law enforcement, so that the procuratorial work can better reflect the wishes and demands of the people.