China's proposed law amendments: Minimum age of criminal responsibility has been reduced to 12 years old, imposters in college

Chinanews Client Beijing, October 13th. On the 13th, the 22nd meeting of the 13th National People's Congress Standing Committee was held in Beijing. Many draft laws appeared at the meeting attracted much attention. Among them, the minimum age of criminal responsibility is proposed to be lowered to 12 years old, the behavior of imposing college admission is considered a crime, and a separate statutory penalty is proposed for violent assault on the police. and many more.

 

 

12 to 14 years old may be liable for crimes such as intentional homicide

On the 13th, the Criminal Law Amendment (Eleventh) draft was submitted to the Standing Committee of the 13th National People's Congress for a second review.

 

Prior to this, the issue of the downward adjustment of the age of criminal responsibility for minors has always been a concern of the outside world. This time, the draft stipulates that a person who has reached the age of 12 but has not yet reached the age of 14 who commits the crime of intentional homicide or intentional injury, resulting in death, shall be subject to criminal responsibility upon approval by the Supreme People’s Procuratorate.

 

Regarding the crime of adultery of underage girls, the draft states that heavier penalties are clearly applicable to serious situations such as adultery of underage girls under the age of ten or causing harm to underage girls.

  

It is proposed to criminalize the act of imposing college admission

In recent years, incidents of imposters in colleges that have been exposed in some areas have aroused public attention, and such behaviors may be regarded as crimes in the future.

 

In this regard, some members of the Standing Committee of the National People's Congress, departments, localities, and the general public have proposed that incidents such as imposters in college that have seriously harmed the interests of others and undermined the bottom line of educational fairness and social fairness and justice should be specifically criminalized.

 

The Constitution and Law Committee of the National People’s Congress recommended that the above-mentioned opinions should be adopted after research, and the embezzlement and fraudulent use of others’ identities to replace others’ higher education qualifications, civil servant employment qualifications, and employment placement treatments should be criminalized. At the same time, it stipulates organization and instigation.

 If implemented by others, he shall be punished severely. According to the second-review draft of the Criminal Law Amendment (11), the act of imposing college admissions is to be determined as a crime.

 

It is proposed to add a separate legal penalty for violent assault on the police

In order to further strengthen the prevention and punishment of attacks on police, the second review of the Criminal Law Amendment (11) draft adds a separate statutory penalty for violent attacks that are being carried out by public police in accordance with the law.

 

Some members of the Standing Committee of the National People’s Congress and departments suggested that the prevention and punishment of police attacks should be further strengthened from the law, and the “violent attack on the people’s police who are performing official duties in accordance with the The provision of severe punishment for official crimes adds a separate legal penalty.

 

At the same time, heavier penalties have been increased for serious violent assaults on police such as the use of guns, controlled knives, or driving a motor vehicle to hit the police.

 The Constitution and Law Committee of the National People's Congress recommended the adoption of the above opinions after research.

 

Overseas casino personnel organize and solicit Chinese citizens to go abroad for gambling crimes to be penalized

In recent years, cross-border gambling has committed serious crimes, resulting in a large outflow of funds, which has seriously damaged the image of the country and economic security. 

The Criminal Law Amendment (11) draft intends to amend the regulations on gambling crimes and increase penalties.

 

The second-review draft of the Criminal Law Amendment (11) stipulates that the penalty allocation for the crime of opening a casino will be further adjusted, and at the same time, the organization of overseas casino personnel will be increased to solicit Chinese citizens to commit overseas gambling crimes.

 

Intended to criminalize organizing and forcing athletes to use doping

Previously, some departments suggested that violations of doping regulations seriously damage the image of the country, undermine fair competition in sports competitions, and seriously damage the physical and mental health of athletes. 

It is recommended to organize and force athletes to use doping, and to induce, abet and deceive athletes to use doping to participate. Serious circumstances such as major domestic and international sports competitions or the provision of doping to them are criminalized.

 

In response to this, the second-review draft of the Criminal Law Amendment (11) is proposed to add one article after Article 355 of the Criminal Law to make corresponding provisions.

 

The criminal law intends to clearly stipulate the crime of sexual assault by guardianship, adoption, etc.

 

The second review of the Criminal Law Amendment (11) Draft adds the crime of sexual assault by persons with special duties, for persons with special duties such as guardianship, adoption, nursing, education, medical treatment, etc., having sexual relations with underage women who have reached the age of 14 and under 16. Regardless of whether the minor agrees or not, he shall be investigated for criminal responsibility and sentenced to fixed-term imprisonment of not more than three years, or three to ten years imprisonment for bad circumstances.

 

 

Handling of personal information of minors under the age of fourteen should obtain the consent of their parents

 

On the same day, the meeting also reviewed the draft revision of the Minor Protection Law three times.

The three-time draft of the revised draft law on the protection of minors intends to further strengthen the protection of minors’ personal information, clarifying that the handling of the personal information of minors under the age of fourteen shall obtain the consent of their parents or other guardians. 

Network service providers shall adopt Disconnect links and other measures to stop cyberbullying and the spread of information that endangers the physical and mental health of minors, and report to relevant authorities.

 

Priority should be given to veterans for positions related to national defense and army building

The draft law on the protection of veterans that has received much attention was submitted to the 13th National People's Congress Standing Committee for a second review on the 13th.

 

The second review of the draft said that some departments, localities, and the public suggested that some soldiers should be allowed to return to work in their original units before joining the army after retirement.

 After studying with the Ministry of Veterans Affairs, the Constitution and Law Committee proposed to add regulations: 

Retired sergeants and conscripts who were members of agencies, group organizations, institutions, or state-owned enterprises before joining the army can choose to reinstate their jobs after retiring.

 

The second review of the draft also stipulates that the Constitution and Law Committee, after studying with the Political Work Department of the Military Commission, proposes to add provisions: military civilian posts, national defense education institutions, etc., should give priority to qualified retired military personnel.

 

The proposed law clearly says no to illegal consumption of wild animals

On the 13th, the Wildlife Protection Law (Revised Draft) was submitted to the Standing Committee of the 13th National People's Congress for deliberation. It clearly stipulated in the general rules that illegal consumption of wild animals is prohibited.

 

The revised draft adds specific provisions in Chapter 3, prohibiting the consumption of wildlife under national key protection, the "three types" terrestrial wildlife and other terrestrial wildlife. It is forbidden to produce, operate, and consume food made from illegally purchased wild animals and their products.

In addition, the revised draft adds regulations on catering establishments, prohibiting online trading platforms, commodity exchange markets, catering establishments, etc. from providing display, trading, and consumption for illegal sale, purchase, consumption and use of wild animals and their products or prohibited hunting tools service.

 

 

Responding to public health emergencies is planned to be included in the legal situation of handling personal information

 

The draft of the personal information protection law that has received much attention was also unveiled on the 13th.

 

The draft clarifies the scope of application, improves the rules for personal information processing, improves the rules for cross-border provision of personal information, clarifies the rights of individuals and the obligations of processors in personal information processing activities, and clarifies the departments that perform personal information protection duties, a total of eight chapters 70 articles.

 

The draft will respond to public health emergencies or protect the lives and health of natural persons in emergencies, as one of the legal situations for handling personal information. It is also clarified that in the processing of personal information under the above-mentioned circumstances, it is also necessary to strictly abide by the processing rules stipulated in this law and fulfill the obligation of personal information protection.

 

Those who damage the personal information of Chinese citizens abroad may be included in the blacklist

The draft personal information protection law also clarifies that if foreign organizations or individuals engage in personal information processing activities that harm the rights and interests of citizens of the People’s Republic of China, or endanger the national security and public interests of the People’s Republic of China, the State Cyberspace Administration may include them

 The list of restrictions or prohibitions on the provision of personal information shall be announced, and measures shall be taken to restrict or prohibit the provision of personal information.

 

The draft also clarifies that if any country or region adopts discriminatory prohibitions, restrictions or other similar measures against the People’s Republic of China in terms of personal information protection, the People’s Republic of China may take corresponding measures against the country or region based on actual conditions.

 

Statutory minimum age of criminal responsibility to be lowered individually, and juvenile criminals will no longer be released

 

On October 13, the second-review draft of the Criminal Law Amendment (11) was submitted to the Standing Committee of the National People's Congress for deliberation. It is planned to individually lower the legal minimum age of criminal responsibility through special procedures under certain circumstances. The draft stipulates that a person who has reached the age of 12 but not the age of 14 who commits the crime of intentional homicide or intentional injury, resulting in death, shall be subject to criminal responsibility upon approval by the Supreme People’s Procuratorate.

 

 

In recent years, some vicious crimes committed by young minors, such as the case of a 13-year-old boy hammering his parents in Hengnan County, Hunan Province in 2018, and the case of a 13-year-old boy killing a 10-year-old girl in Dalian last year, have caused serious harm to the victim and society. It also pierced the hearts of the public, sparking discussions on whether legislation should lower the age of criminal responsibility. The legislature plans to lower the legal minimum age of criminal responsibility individually on the basis of careful investigation. This is the result of conforming to reality and responding to public opinion, and it reflects the progress of legislation.

 Minimum Age of Criminal Responsibility

The age of criminal responsibility is the age at which the perpetrator should be held criminally responsible by law. According to the current criminal law of our country, under 14 years old is the age for no criminal responsibility at all. 

Minors under 14 years of age carry out actions, no matter how bad the circumstances are and the consequences are serious, they don’t need to bear criminal responsibility and can only be “released once”. 

In contrast to the victim's loss of health and life, the public's questioning of "who is protected by the law" is a normal response based on the simple concept of justice.

 

The reason why the criminal law stipulates the age of criminal responsibility is based on such a judgment: 

A person is only legitimate and necessary to punish him if he has the ability to identify and control the nature and consequences of his actions, otherwise Punishment is neither justified nor meaningful. Everyone who does not reach the age of criminal responsibility is presumed to have no ability to recognize and control their own violations.

 

However, in some cases, the behavior of minor offenders has subverted the above-mentioned perceptions. 

The careful planning and sophisticated methods of the crime are shocking. Do they, who have not reached the age of criminal responsibility, really have no ability to recognize the nature and consequences of their actions? 

Should they be protected by law without principle? What harm can unprincipled asylum bring to society and others? 

These issues are related to public safety and cannot be avoided.

From the 1979 Criminal Law to the present, the social environment has undergone great changes over the past 40 years. Due to premature and other reasons, juvenile crimes have taken on a new trend. Realistic needs of advancing with the times. 

Saying goodbye to the “one size fits all” and leaving a flexible and applicable “hole” is not only conducive to the realization of justice in individual cases, but also to social defense.

Judging from the provisions of the draft, the “mouth” opened this time is not big: at least 12 years of age, it is limited to two counts of intentional murder and intentional injury. The circumstances of the crime are bad and the consequences of the death of the victim are caused. In terms of procedures, the Supreme People’s Approved by the procuratorate.

 Lowering the age of criminal responsibility is a work that affects the whole body. It involves the protection of the rights and interests of minors.

 The legislature should be more cautious, and it is right to be more cautious. In the future, whether "kouzi" is necessary and possible to expand depends on the trend of juvenile crime and the need to combat crime.

 

Conclusion

The prevention and treatment of juvenile delinquency is a systematic project, and criminal deterrence and punishment are an important part of it. Lowering the age of criminal responsibility will help increase the deterrence of penalties, curb crimes by young minors, and protect the public from harm. 

For young minors, lowering the age of criminal responsibility means that they may pay a greater price for the violation. This is a "tightening curse". If this "tightening curse" can allow them to check their behavior at all times, it can make their guardians effective Perform guardianship duties so as to avoid taking a bigger detour in life. 

 

 Two highs and one clearly define touch porcelain by Guidance on Porcelain Touching by Supreme Peoples Court Procuratorate Public Security Ministry, China

The Ministry of Public Security held a press conference on October 14 to inform the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security to jointly issue the "Guiding Opinions on Handling Porcelain Touching Illegal and Criminal Cases.

 

According to the press conference, in recent years, the phenomenon of "touching porcelain" has occurred from time to time, with a bad nature and various concealed methods, which not only seriously endangers citizens' personal and property safety, but also disrupts social order.

 For this reason, the public, procuratorate, and legal agencies have made "touching porcelain" illegal crimes one of the key points of crackdown. However, when handling cases, clearer normative documents are needed for guidance.

 

The press conference pointed out that "touching porcelain" is a commonly used term for this type of social evil. In the past, the legal boundary was not clear due to the lack of clear definition. 

In order to solve this problem, after investigation, the "Guiding Opinions" defined "touch porcelain":

What is porcelain touching?

It refers to the behavior of the perpetrator illegally claiming property by deliberately fabricating or fabricating the false appearance of the victim, using fraud, extortion and other methods. This is the first time that the behavior of "touching porcelain" has been accurately defined, providing guidance for judicial practice.

 

The "Guiding Opinions" also sorted out the crimes constituted by "touching porcelain" and clarified the classification. Common situations are mainly divided into two categories: one is fraud. That is, the situation of creating false appearances, using deception and deceiving methods to induce the victim to be deceived, thereby obtaining property, its outstanding feature is "deception", which mainly involves the crime of fraud, insurance fraud, and false litigation. The other type is extortion.

 That is, it not only creates false appearances, but also uses minor violence, soft violence against the victim or his close relatives, or threatens to expose their violations, privacy, or threats to infringe, so as to obtain property. Its outstanding feature is "extortion", which mainly involves the crime of extortion .

 

In addition, the "Guiding Opinions" also stipulate that the implementation of "touching porcelain" does not constitute a crime, but constitutes a violation of public security management, public security management penalties shall be imposed in accordance with the law to achieve an effective connection between administrative law enforcement and criminal justice.

 

According to reports, in practice, the crime of "touching porcelain" has increasingly shown the characteristics of gangs and groups, and even forms of evil forces in certain areas.

 Compared with the crime of "touching porcelain" committed by a single subject, the social harm of the crime of "touching porcelain" carried out jointly, through criminal groups and underworld organizations, is more serious and the impact is even worse. 

For this reason, the "Guiding Opinions" clarify the determination and severe punishment of joint crimes and criminal crimes in the "touching porcelain" case, stipulating that those who meet the criteria for the determination of criminal forces should be organized in accordance with the nature of the underworld, the evil forces or the investigation, prosecution, and trial of criminal groups by evil forces will help eradicate the foundation of such criminal organizations and purify the social environment.

 

At the same time, the "Guiding Opinions" stipulate that when handling such cases, the people's courts and procuratorial organs must adhere to both leniency and strictness and accurately apply the law. 

The people's courts should comprehensively consider the perpetrator's subjective malignancy, behavioral means, harmful consequences, and the perpetrator's role in the case based on the characteristics of different "touching porcelain" behaviors, embodying differentiated treatment, and implementing both leniency and strictness. 

As for the chief elements and backbone elements of the "touching porcelain" criminal group, those who repeatedly "touched porcelain", especially those who have not corrected themselves after repeated instruction, and the consequences are particularly severe and the impact is particularly bad, should be severely punished in accordance with the law as the key to crackdown. 

The procuratorial organs continue to strengthen coordination and cooperation with the public security organs, the people's courts and other relevant departments, strictly grasp the standards of crime and non-crime, this crime and the other crime, and insist on punishment according to law. 

The chief elements of criminal groups and criminals of the underworld, and criminals who constitute repeat offenders and cause serious harmful consequences shall be severely punished in accordance with the law and will not be tolerated. 

In handling cases, strict distinctions are made between the crime of "touching porcelain", civil disputes, and administrative violations, so as to prevent the occurrence of "degraded treatment" and the problem of excessive attack.

 

Instructions regarding the handling of illegal and criminal cases of "touching porcelain"

The Higher People’s Courts, People’s Procuratorates, and Public Security Departments (Bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, the Production and Construction Corps Branch of the Higher People’s Court of Xinjiang Uygur Autonomous Region, and the People’s Procuratorates and Public Security Bureau of Xinjiang Production and Construction Corps:

 

In recent years, the phenomenon of "touching porcelain" has occurred from time to time. The so-called "touching porcelain" refers to the behavior of the perpetrator deliberately fabricating or fabricating the false appearance of the victim, using fraud, extortion and other methods to illegally obtain property. 

In practice, some lawbreakers use "setting up bureaus" to make or fabricate others to cause damage to their personal or property. Some use self-injury, cause injury to their accomplices, or use their own original damage, and false accusations are caused by the victim. 

Some deliberately create traffic accidents, using the victim to violate road traffic regulations or driving under the influence of alcohol, driving without a license, incomplete motor vehicle procedures and other violations of laws and regulations, implemented through the victim’s fear of being investigated and punished.

 Many are "touching porcelain" After being found out, they directly carried out illegal and criminal activities such as robbery, snatching, and intentional injury to the victim. 

This type of illegal and criminal behavior is bad in nature, has serious consequences, corrupts the social atmosphere, and is easy to breed evil forces, and the people have a strong response. In order to punish illegal and criminal activities of "touching porcelain" in accordance with the law, protect the legitimate rights and interests of the people, and maintain social order, these opinions are formulated in accordance with the Criminal Law, the Criminal Procedure Law, and the Law on Public Security Management Punishments.

1. Article 266 of the Criminal Law China 

The implementation of "touching porcelain", fabricating facts, concealing the truth, defrauding compensation, and complying with the provisions of Article 266 of the Criminal Law, shall be convicted and punished as the crime of fraud. Fraudulently obtaining insurance money shall comply with the provisions of Article 198 of the Criminal Law , Convicted and punished the crime of insurance fraud.

 

Implementing "touching porcelain", fabricating the fact that personal and property rights and interests have been infringed, fabricating civil disputes, filing civil lawsuits, and meeting the provisions of Article 307 of the Criminal Law, shall be convicted and punished as false litigation crimes. At the same time constitute other crimes, In accordance with the provisions of heavier punishments, convictions and severe punishments.

 

2. Article 274 of the Criminal Law China

Performing "touching porcelain" and committing one of the following acts, extorting other people's property, and meeting the provisions of Article 274 of the Criminal Law, shall be convicted and punished for the crime of extortion:

 

1. Carrying out slight violence such as tearing, pushing and shoving, or soft violence such as siege, obstruction, stalking, clinging, nuisance, entanglement, roaring, gathering crowds, and detaining property.

 

2. Deliberately causing a traffic accident, and then using the victim to threaten traffic violations or other violations of laws and regulations.

 

3. Threatened by exposing the privacy of the parties on the scene.

 

4. Threatening to infringe the life and property of the victim and his close relatives.

 

3. Performing "touching porcelain", using violence, coercion or other methods on the spot to steal other people's property on the spot, and meet the provisions of Article 263 of the Criminal Law, shall be convicted and punished for robbery.

 

4. The implementation of "touching porcelain", using methods such as diverting attention and taking advantage of others to steal or seize other people's property, in compliance with the provisions of Article 264 and Article 267 of the Criminal Law, shall be the crime of theft respectively , Conviction and punishment for the crime of snatch.

 

5. If the implementation of "touching porcelain" deliberately causes the destruction of other people's property and complies with the provisions of Article 275 of the Criminal Law, it shall be convicted and punished with the crime of intentionally destroying property.

 

6. Carrying out "touching porcelain", driving a motor vehicle to chase, collide, squeeze farewell, intercept, or suddenly accelerate or decelerate, or brake suddenly and other behaviors that may affect traffic safety, resulting in a major accident causing serious injury, death or Anyone who causes major losses to public or private property and complies with the provisions of Article 133 of the Criminal Law shall be convicted and punished for the crime of causing traffic accidents.

 

7. Intentionally killing or hurting others or causing serious injury or death by negligence for the purpose of "touching porcelain", in accordance with Article 232, Article 234, Article 233 and 2 of the Criminal Law.

 According to Article 135, the crimes of intentional homicide, intentional injury, negligence causing death, and negligence causing serious injury are convicted and punished.

 

8. The implementation of "touching porcelain", in order to obtain property, illegally deprive others of personal freedom or illegally search the body of others by illegal detention and other methods, and comply with the provisions of Article 238 and Article 245 of the Criminal Law, respectively. Conviction and punishment for illegal detention and illegal search.

 

9. Joint and deliberately committing the crime of "touching porcelain" and playing the main role shall be deemed as the principal offender and shall bear criminal responsibility for all crimes that he participated in, organized, or directed; those who have played a secondary or auxiliary role shall be deemed to be accomplices and shall be treated according to law Lighter, mitigated punishment or exempted from punishment.

 

A relatively fixed criminal organization formed by three or more people to jointly deliberately commit the crime of "touching porcelain" shall be recognized as a criminal group. The chiefs shall be punished in accordance with all crimes committed by the group. 

Those that meet the criteria for the identification of underworld forces shall be investigated, prosecuted, and tried in accordance with the nature of underworld organizations, evil forces, or evil forces criminal groups.

 

10. The implementation of "touching porcelain" does not constitute a crime, but constitutes a violation of public security management, shall be punished in accordance with law.

 

People's courts, people's procuratorates, and public security organs at all levels must strictly handle cases in accordance with the law, strengthen cooperation and cooperation, and quickly handle, accurately characterize, and severely punish illegal and criminal acts of "touching porcelain". First, it is necessary to promptly carry out investigation and disposal, arrest, prosecution, and trial work in accordance with the law

After receiving the report, accusation, or report, the public security organ shall rush to the scene immediately, stop the illegal crime in a timely manner, properly protect the scene of the crime, and control the perpetrator. 

For those who meet the requirements for filing a case, conduct investigations in a timely manner, collect evidence in a comprehensive manner, call surveillance videos at the scene of the case, collect witness testimony at the scene, check information on persons involved, vehicles, etc., and combine the case for investigation in a timely manner.

 The People's Procuratorate shall approve the arrest and prosecution as soon as possible in accordance with the law in the case of “pushing porcelain” that the public security organs request for approval of arrest and transfer for review and prosecution. 

The people’s courts shall try the cases of “touching porcelain” in a timely manner in accordance with the law. If a crime is constituted, the criminal shall be investigated for criminal responsibility in strict accordance with the law. Second, we must strengthen coordination. 

Public security organs and people’s procuratorates must strengthen communication and coordination, resolve issues such as case characterization, jurisdiction, and evidence standards, and ensure the smooth handling of cases. For difficult and complicated cases, public security organs can listen to the opinions of the People's Procuratorate. 

Where supplementary investigations are really necessary, the People's Procuratorate shall prepare a clear and detailed supplementary investigation outline, and the public security organs shall supplement evidence in time. The people's courts must strengthen the trial force and conduct fair trials in strict accordance with the law. 

Third, we must strictly implement the criminal policy of both leniency and strictness, and implement the leniency system for confession and punishment. 

It is necessary to comprehensively consider factors such as the size of the subjective malignancy, the means and methods of the behavior, the harmful consequences, and the role played in the case, and effectively treat them differently. 

The chief elements of the "touching porcelain" criminal group, the criminals who actively participated, and the criminals who have not corrected themselves after repeated education should be severely punished in accordance with the law as the focus of the crackdown.

 For criminals whose criminal nature and harmful consequences are particularly serious, and whose social impact is particularly bad, even though they have discretionary lenient circumstances but are not sufficient for lenient punishment, they shall not be given lenient punishment in accordance with the law. 

Those with circumstance such as surrendering, making meritorious service, confession, pleading guilty and punishing, shall be punished with leniency according to law.

 At the same time, it is necessary to accurately grasp the legal standards, and pay attention to distinguishing the boundary between "touching porcelain" crimes and ordinary civil disputes and administrative violations, so as to prevent the occurrence of "degrading treatment" and prevent problems such as excessive attack.

 Fourth, we must strengthen publicity and education. The people’s courts, people’s procuratorates, and public security organs should increase legal publicity and education in the process of punishing such crimes in accordance with the law. 

While handling cases in accordance with the law, they should inform the public through news media, WeChat public accounts, and microblogs as appropriate. 

The means and methods of exposing illegal crimes of “touching porcelain” and guiding the people to strengthen their awareness of self-protection. When encountering such situations, they should report to the police in time to protect their legitimate rights and interests in accordance with the law. 

A number of typical cases must be publicly exposed in a timely manner, through the interpretation of the cases, effectively deter illegal criminals, and create a good legal environment in the whole society.

 

All localities and relevant departments must conscientiously implement it. If you encounter any problems in the implementation, please report to the respective higher authorities in time.

 

 

Fairness and justice a personal experience for People in China

Justice, the lifeline of the rule of law. During the "Thirteenth Five-Year Plan" period, the political and legal organs defended social fairness and justice with strict and fair justice, and promoted the continuous and in-depth advancement of various reforms. The fair, efficient and authoritative socialist judicial system with Chinese characteristics has been continuously improved, bringing more sense of happiness and security to hundreds of millions of people, and constantly making fairness and justice our personal experience.

 

　　 Get rid of the stubborn diseases that hinder justice

　　The time came in August of this year. Mr. Li, who was in a lawsuit for the first time, came to the Chengzhong District Court of Xining City, Qinghai Province. Under the guidance of the judge on duty in the court, he successfully filed the case on the spot through the mobile app.

 

　　 Start with the things that make the people satisfied, and start from the problems that the people are not satisfied with. Looking back on the "13th Five-Year Plan", the main framework of the "four beams and eight pillars" of judicial reform has been basically established. 

The barriers that hinder social fairness and justice can be effectively removed, and the sunshine of justice continues to shine into all aspects of people's work and life.

 

　　 The reform of the case registration system is immediate-courts at all levels have opened their doors where cases must be filed and litigation must be dealt with. The rate of on-the-spot registration has exceeded 95%.

 

The reform of the trial-centered criminal procedure system is fully rolled out-adhere to legally prescribed crimes, no suspected crimes, and evidence-based judgments, and strive to make the verdict of each case stand the test of history, and resolutely defend the line of defense against wrongful cases .

 

System reform has risen to the challenge-judges

　　 The post system reform has risen to the challenge-judges and prosecutors across the country have undergone a "reshuffle", with more than 120,000 judges and more than 90,000 prosecutors selected. The personnel are concentrated on the front line of case handling, and the quality and efficiency of case handling have been effectively improved.

 

　　……

 

　　 The "blade" is facing inward to overcome difficulties. Judicial reform is known as a revolution in the judicial field that touches the soul, bringing real "dividends" to the people.

 

The People's Court has tackled the "difficulties in enforcement", so that the legitimate rights and interests of successful parties can be more effectively fulfilled; the Supreme People's Procuratorate has deepened institutional "remodeling" reforms, creating a general layout of legal supervision with parallel functions in criminal, civil, administrative, and public interest litigation.

 Authorities use the standardized construction of law enforcement to enhance the credibility of law enforcement, and bring more convenience to thousands of households through the reform of "delegating control, delegating power, and improving services"

 

　　In the new era, only reformers enter. On the road of pursuing fairness and justice and protecting the rights and interests of the people, the political and legal institutions are far from stopping.

 

Escort the healthy development of the economy and society

　　 The old man rode a bicycle and injured a child, and he died suddenly after he wanted to leave. Should the persuader be held accountable? At the end of 2019, the court pronounced a sentence on the “Sudden Death Case of Bumping and Injury of a Child Left”.

 

　　 By distinguishing right from wrong and adhering to the company law, we can punish evil and promote good. 

During the "Thirteenth Five-Year Plan" period, the political and legal organs paid more attention to the fair application of abstract law to each case, to realize the unity of individual case justice and class justice, legal justice and social justice, and continuously strengthen the people's confidence in justice. Faith in the rule of law.

 

From punishing the "old Lai" to promote the construction of a trustworthy society, to rectifying the "dominant seat" and "robbing the steering wheel of the bus" to establish a sense of rules. From handling cases of defending the honor and reputation of heroes and martyrs, to punishing the "fine Japanese" according to law, and preaching and beautifying the war of aggression Behavior...one by one vivid cases effectively establish social customs and condense the "energy and spirit" of the Chinese nation.

 

Kunshan Longge Case

　　 In 2018, the “Kunshan Longge Case” caused widespread concern in society. The public security and procuratorial organs determined that the party’s actions were legitimate defense and did not bear criminal responsibility.

 

　　 In September this year, the Supreme Law, the Supreme Procuratorate, and the Ministry of Public Security jointly issued guidelines on the application of the legitimate defense system in accordance with the law, with a clear-cut stand to encourage legitimate defense and defend the spirit of the rule of law that "the law cannot make concessions to the law."

 

　　 "Shoot when it's time to do it" is an excellent virtue that is widely respected in the traditional Chinese culture. Using the law to back up legitimate defenses has become a vivid portrayal of the rule of law and the rule of virtue that have complemented each other, and that fair justice maintains public order and good customs.

 

　　The wind is clean, so I can start a business

　　 During the "13th Five-Year Plan" period, the political and legal organs increased the protection of property rights, and continued to release positive signals to the society for the comprehensive protection of property rights and entrepreneurs' rights in accordance with the law and equality, creating a good legal environment for the development of private enterprises, and allowing those with permanent property to have perseverance.

 

Since 2017, the People’s Court has corrected 190 criminal wrongful cases involving property rights through trial supervision procedures, 237 people. Procuratorial organs have continued to implement 11 procuratorial policies for serving the private economy, and ensured cautious arrests and prosecutions; judicial administrative departments have resolutely rejected random inspections, Multiple inspections, repeated punishments and other law enforcement discriminatory behaviors...

 

　　The rule of law is the best business environment. According to the "Global Business Environment Report 2020" released by the World Bank, China's global business environment ranking has risen to 31st, ranking among the top 40 in the world. 

Among them, my country ranks No. 5 in the "contract execution" indicator for evaluating the quality and effectiveness of the civil and commercial judicial system and court work.

 

　　Meet the people's higher demands for fairness and justice

　　 Can the litigation process be more concise? Was the dispute resolved smoothly? Inconvenient for the legal service party? In the era of the Internet and big data, the people have a higher demand for fairness and justice, and the political and legal organs urgently need to hand in their answers.

 

From the People’s Court’s efforts to promote the construction of a “one-stop” multiple dispute resolution and litigation service system, to the public security organ’s government affairs service “national service”, “one door service”, “one network service”, to the judicial administrative department building an integrated public Legal service platform.

 During the "Thirteenth Five-Year Plan" period, political and legal organs have continuously improved various capabilities in case handling, rights relief, and service provision, and used more humane and refined work and services to make the people more and more sophisticated. Direct sense of gain.

 

　　In Changsha, Hunan, the grassroots courts set up litigation source management workstations in dispute-prone areas, striving to stop the contradictions in front of the "station" and relieve the people's worries at their doorsteps.

 

　　 In Dingyuan, Anhui, the procuratorial organs created a “one-stop” solution for juvenile cases for evidence collection, diversion, dispute resolution, and rescue, which not only effectively avoided secondary harm to minor victims, but also helped them repair their psychological trauma.

 

　　 In the Beijing community, the traffic police have changed from an "outsider" to a "family member", promoting the resolution of disorderly parking, poor order and other concerns around the masses.

 

　　The new crown pneumonia epidemic strikes, how to ensure that "fairness and justice are not closed"?

Internet courts, "cloud case handling", "fingertip litigation"...Political and legal agencies have moved the main battlefield of case handling from offline to online. In the first half of this year alone, more than 3 million online cases were filed in courts across the country, and nearly 500,000 online courts were held. There were nearly 1.4 million mediations online.

 

　　 Integrating technology with the rule of law, political and legal agencies have been pushing digital and intelligent applications in recent years, and the "dividends" of innovation are constantly being released.

 

98% of courts across the country have initially established three-dimensional, intensive, and information-based litigation service centers. 

Procuratorial organs have built 12309 China procuratorial network, procuratorial service hotline, and procuratorial service center. 

Public security traffic management Internet service platform and 12123app have 340 million users, providing 1.31 billion times of online licensing service.

 

Conclusion

　　The hope of the people, silk hair will flourish. The political and legal organs conform to the requirements of the times, respond to the expectations of the people, and accelerate the pace of reform, which will surely promote the improvement of judicial power operation mechanism, allow the people to feel fairness and justice in every judicial case, and create new glory in the construction of the rule of law in China.