Duty Crime Prevention Practice Operation Of Procuratorial Suggestion

Procuratorial suggestion, it is the people’s procuratorate in handling criminal cases in the process, found that both units in the ideological and political education, rules and regulations, safety and security aspects of influence social security and comprehensive governance exist problems and loopholes, in writing to the unit about rectification, plugging loopholes and the instrument to solve the problem; Procuratorial suggestion, is the procuratorial organ to prevent and reduce crime, to participate in social management innovation, safeguard the legal right one of the important ways of implementation. Procuratorial suggestion in the form of the legal regulation for the first time was on February 28, 1995, the standing committee of the National People’s Congress by the prosecutor of the People’s Republic of China law of the second paragraph of article 31: "prosecutorial suggestion or puts forward reform Suggestions have been adopted for procuratorial work, shall be rewarded." The law revised in 2001, the second paragraph of article 33 of the retained this provision. In 2000 the supreme people’s procuratorate issued "on further strengthening the decision of the prevention duty crime" in the request: "strengthening procuratorial suggestion work, and constantly improve the quality of the procuratorial suggestion. Further standardize the procuratorial suggestion, strengthen the pertinence, effectiveness and authority. To prevent such procuratorial suggestion, the duty crime prevention department is responsible for the under centralized management, the relevant case to undertake and attorney general audit issue." Duty crime prevention class procuratorial suggestion, made by prevention department to both unit of legal documents, is mainly found in the process of handling both units in the management of cadres education or in the process of enterprise development, exposed the system lag, weak supervision, only grasp the production benefit aspects such as neglecting the cultivation of clean government, and by case undertaker who put forward the improvement direction and practical measures. As the procuratorial organ to perform the function of legal supervision a non-legal supervision way, is quite unit plug loopholes, formulate measures to prevent important basis, is also expanding case prevention effect, the construction industry, system prevention network, an important part of the social prevention. At present for this kind of carrier of the legal supervision is still in the continuous exploration and summary stage, the study of the practice operation will also be a process of deepening and expanding. Based on the fully affirmed its in the social management innovation on the basis of the value of Y in chongqing district people’s procuratorate nearly five years of practical work as example, the author spent a lot of energy collection, research since 2009, chongqing Y district procuratorate common to both units 75 procuratorial suggestion and the relevant departments, from quantity and distributing content, and distributing, adopt, effectiveness, influence and so on to analyze its practical operation, careful analysis the characteristics of the operation, analyzes the problems existing in the practice, improve the status of the procuratorial suggestion and countermeasures, to strengthen the procuratorial suggestion tracking implementation, explore establishing procuratorial advice tracking efficiencies mechanism, build system of "six", improve the mechanism of the tracking efficiencies, is a return visit to personnel, constant review notification object, return, return the form, content review time, continue to pay a return visit. On perfect supporting system, emphasizes the position and function of procuratorial proposal give full understanding, the specification document format and content, strengthening procuratorial organs work collaboration between departments, establish procuratorial recommendations scientific evaluation mechanism, make the procuratorial suggest this "soft" legal supervision implemented in practice operation, and raise the procuratorial suggestion on promoting the value of the innovation of social management.