△ October 15, 2024 Procuratorate Daily
Edition 03: Perspectives
Strengthen the "three managements"
We need to focus on six aspects
Hubei Provincial People's Procuratorate
Jin Xin, Deputy Secretary of the Party Leadership Group and Executive Deputy Procurator General
Ying Yong, chief prosecutor of the Supreme People's Procuratorate, pointed out: "High-quality and efficient cases are handled without scientific management. Procuratorial operations management, case management, and quality management should truly pay attention to and promote implementation in every case and every link. "Integrating procuratorial business management, case management, and quality management is an inherent requirement for accelerating the modernization of procuratorial business management in the new era, and is an important guarantee for realizing "handling every case with high quality and efficiency". To answer the new topic of strengthening the "three managements" well, we should focus on grasping six aspects in judicial practice.
To strengthen the "three managements", we must anchor the pursuit of the basic value of "handling every case with high quality and efficiency".
"Handling every case with high quality and efficiency" is the procuratorial answer to implement General Secretary Xi Jinping's important instruction of "striving to make the people feel fairness and justice in every judicial case". High-quality and efficient case handling inevitably requires high-level management, and procuratorial business management, case management, and quality management must take the high-quality and efficient handling of every case and every link of the case as the starting point and end point, and promote each other in an integrated manner, integrate and promote each other, and adapt to the higher requirements of high-quality development of procuratorial work.
Business management focuses on the concept guidance, policy guidance and business guidance in business operation. Business management should focus on the overall situation, on the one hand, enhance the awareness of the "big management" pattern, improve the political position, ensure the correct direction of the development of procuratorial business, and use high-quality and efficient performance of duties and case handling as the carrier to serve the overall situation, serve the people's justice, and take responsibility for the rule of law; On the other hand, strengthen the concept of systems, make overall plans to promote the modernization of business management concepts, systems, mechanisms, and capabilities, improve and improve the system of business guidance, control, evaluation, and restraint and supervision, fully release the overall effectiveness of the modernization of procuratorial business management, and support and ensure the high-quality development of procuratorial work.
Case management is the top priority of operational management, with emphasis on promoting the fair, standardized, efficient, and honest operation of procuratorial power, promoting the resolution of outstanding problems that affect judicial fairness and restricting judicial capacity in the performance of duties and handling cases, so that power and responsibility correspond, delegation of power and management of power are unified, and case management and management of people are combined, and strict implementation of judicial responsibility is used to force case handling in accordance with law and judicial fairness.
Quality management is an important means of business management and case management, focusing on improving the quality of "procuratorial products". Judicial fairness is the soul and life of procuratorial case-handling, and quality management is to take specific cases as "procuratorial products" that carry judicial fairness, and strictly control product quality through target setting, source management, process control, inspection and evaluation, correction and improvement, etc., so as to promote procuratorial case-handling to be more standardized in procedure, more timely in efficiency, more accurate in results, and better in effect, so that "procuratorial products" can stand the test of law, history and the people.
To strengthen the "three managements," we must follow the judicial and procuratorial laws
Seeking truth from facts and following the law is our party's basic leadership method and work method, and it is also an important magic weapon for guiding the steady and far-reaching development of procuratorial work. Only by following the laws of justice and procuratorial law, closely following the characteristics of procuratorial functions, and meeting the needs of judicial practice, can scientific procuratorial management truly transform the effectiveness of procuratorial management into a powerful driving force for the high-quality development of procuratorial work. It is necessary to base ourselves on the "statutory duties", persist in handling matters strictly in accordance with the law, and in accordance with the principle of "statutory duties must be carried out, and cannot be done without the authorization of the law", promote the comprehensive and accurate performance of the duties entrusted by the Constitution and laws through strengthening the "three managements", and take the initiative to do what the law requires us to do, do it in place, and do it efficiently, neither detaching from the procuratorial functions nor exceeding the procuratorial powers, neither transferring duties nor expanding functions at will. It is necessary to base ourselves on the "true character of supervision", firmly grasp the foundation of legal supervision, adhere to the fundamental duty of the "four major procuratorates" to be intrinsically unified with legal supervision, deepen the research and application of the "three structural ratios", and through scientific management to study and judge whether the performance of duties by various procurators is comprehensive and sufficient, and whether the shortcomings and weaknesses of legal supervision have been strengthened and improved, constantly enhance the ability to actively supervise and handle cases, and consolidate and deepen the basic pattern of the "four major procuratorates" in the direction of comprehensive, coordinated and full development. It is necessary to base itself on the "integration of procuratorates", improve the mechanism for the integrated performance of duties and comprehensive performance of duties, vertically strengthen the integration of upper and lower levels, and improve mechanisms for operational guidance, follow-up supervision, and continuous supervision, especially in the handling of major, difficult, and complex cases, the higher level courts should strengthen leadership and supervision of the lower courts' handling of cases, eliminate and resist improper external interference, and be a strong backing for the lower courts; Horizontally, strengthen coordination and linkage, optimize the integration of procuratorial resources, improve mechanisms for the internal transfer of leads, coordinated handling of cases, and the integrated use of personnel, explore the formation of professional performance teams by category, create "general procurators", and promote the integrated performance of duties by the "four major procuratorates". It is necessary to base ourselves on "objectivity and fairness", accurately grasp the role and positioning of the national legal supervision organs and "public interest representatives", take the realization of objectivity and fairness as the value guidance of strengthening the "three managements", and abide by the obligation of objectivity and fairness throughout every case and every link of the case with high quality and efficiency.
To strengthen the "three managements," it is necessary to establish a correct outlook on political achievements
In practice, deviations in procuratorial management are often due to a misplaced view of political performance. To strengthen the "three managements," it is necessary to establish and improve a working mechanism for effectively preventing and correcting deviations in the outlook on political performance, and promote the return of procuratorial work to the essential source of high-quality and efficient case handling. It is necessary to break the dependence on assessment, deeply understand the political considerations and value orientation of the Supreme People's Procuratorate to cancel the business data assessment function, effectively change the inertial thinking of simply relying on data for assessment and management, put an end to the mechanical evaluation method of "index theory" and "data theory only", give full play to the analysis and judgment and business guidance functions of business data, and adjust the management mode from paying too much attention to data management to paying more attention to business management, case management, and quality management, and change the "quality quantity" and "quantity quality" The overall planning is to pay more attention to quality, so that procurators are not trapped by data and not burdened by evaluation. We must persist in seeking truth and being pragmatic and overcome the "impetuous mentality". Closely follow the word "real" to perform duties and responsibilities, and the focus of management should not only pay close attention to the "outstanding achievements" such as case-handling data, case-handling process, and case-handling results, but also pay attention to the "potential achievements" that are not easy to appear, such as actively discovering clues to complete cases, continuing to follow up and supervising the case, procuratorial suggestions to promote social governance, and effectively resolving contradictions and disputes, so as to investigate the facts, do practical things, be pragmatic, and seek practical results. We must insist on taking responsibility and overcoming the "lying flat mentality". It is necessary to continue to optimize the management of the "case", streamline the assessment of "people", and do the evaluation of the "hospital", so as to realize the resonance and direction of the three at the same frequency, and effectively play the role of positive incentives and reverse spurs, and activate the "spring water" of entrepreneurship through scientific management.
To strengthen the "three managements," we must persist in being problem-oriented
Adhering to the problem-oriented approach is an important working method that runs through Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. Scientific management is a process of constantly adapting to the needs of development and practice, solving problems in strengthening management, and improving management in solving problems.
To strengthen the "three managements," it is necessary to rush to solve problems and solve problems, combine the analysis and judgment of data at the macro level and the quality evaluation and reverse examination at the micro level, firmly grasp the tendencies, prominence, typicality, and abnormality problems that exist in the procuratorial case-handling, study countermeasures in a targeted manner, and guide and improve them. For example, in view of the problems that exist in the handling of cases in criminal prosecutions in accordance with procedures, such as mechanical justice, procedural settlement, and a weak sense of active supervision, it is necessary to guide procuratorial personnel to strengthen their awareness of substantive supervision and case handling in terms of operational management, perform their duties of pre-trial filtering and supervision, strengthen restraint and supervision, and promote judicial fairness in law enforcement. For another example, in view of the problem of the "inverted triangle" of the civil and administrative procuratorial case-handling structure, it is necessary to promote the construction of a work pattern in which procuratorial organs at all levels have their own focus, close cooperation, and integrated performance of their duties through business analysis, research and judgment, and scientific management, vigorously expand the space for grassroots civil and administrative procurators to perform their duties, respond to the judicial needs of the people in the fields of civil enforcement supervision, false litigation supervision, and reverse connection of executions, and help solve the people's urgency, hardship, and hope. For another example, in view of the problem that the accuracy of public interest litigation needs to be enhanced, it is necessary to focus on the key of "justiciability" in management, and strive to strengthen the review and control of "justiciability" from the case filing and pre-litigation links, so as to improve the accuracy and standardization with "justiciability". For example, in view of the spillover effect of digital procuratorate, it is necessary to strengthen the construction and management of the big data legal supervision model, not only to promote the scale effect of supervision of similar cases, but also to be based on the main responsibility and main business, abide by the functional boundaries, and not overstep the administrative law enforcement duties, so as to truly effectively play the enabling role of digital procuratorate.
To strengthen the "three managements", we must form a closed loop of management
Scientific management is inevitably a closed-loop management of the whole life cycle, and it is necessary to establish a mechanism for traceability, supervision, error correction, accountability and continuous improvement of the whole process. For example, the attribution, implementation, and pursuit of judicial responsibility is a complete chain and an organic whole, and the strengthening of the "three managements" should be guided by the implementation and improvement of the judicial responsibility system, and all-round management and control of all aspects of procuratorial case handling. It is necessary to grasp the front-end "accurate and clear responsibility", earnestly implement the Supreme People's Procuratorate's "Several Opinions on the Comprehensive and Accurate Implementation of the Judicial Responsibility System by the People's Procuratorates", complete and improve the list of procurators' powers, the list of responsibilities of procuratorial support personnel, the list of cases handled by the leaders of the courts, and the list of review lists of the heads of operational departments, further clarifying the relationship of power and responsibility between the chief procurator, the procuratorial committee, the heads of departments, procurators, and assistant procurators, and consolidating and deepening the implementation mechanism of "whoever handles the case is responsible, and whoever makes the decision is responsible". Achieving a balance of power and responsibility at a higher level. It is necessary to grasp the "real-time supervision" of the middle end, through business data consultation and regular supervision and supervision in business management, the supervision and supervision of procuratorial power at the upper and lower levels, internal and external constraints and supervision in case management, and the process monitoring, quality evaluation, and reverse review in quality management, and strive to solve the problems of decentralization in practice, insufficient constraints, and lack of supervision, so as to "add locks" to the operation of procuratorial power. It is necessary to grasp the back-end "strict accountability", conscientiously implement the "People's Procuratorate Regulations on the Pursuit of Judicial Responsibility", improve working mechanisms such as the discovery and transfer of clues, and the initiation of accountability procedures, strengthen the coordination and cooperation between case management, procuratorial supervision, organ discipline inspection commissions, and discipline inspection and supervision departments, promote the close integration of responsibility implementation, responsibility determination, and accountability with business management, case management, and quality management, and substantively carry out accountability and punishment work, so as to truly make the judicial responsibility system "electrified and long-toothed".
To strengthen the "three managements," we must take the road of standardization, systematization, and institutionalization
Procurator General Ying Yong pointed out: "The specific cases in each procuratorial link are the 'procuratorial products' of the procuratorial organs to serve the overall situation, the people's justice, and the rule of law. Procurators should firmly establish the awareness of "procuratorial products", take the road of standardization, systematization and institutionalization, and ensure the production of more high-quality and efficient "procuratorial products" with every process and every detail.
It is necessary to pay attention to "standardization" and clarify the basis and yardstick of management. "Standardization" is a scientific, rational and effective quality management method that has been proven in practice, and has a fundamental and leading role in promoting the modernization of national governance. Standards are the technical support for economic activities and social development, not only enterprises have product quality management system certification standards, but also procuratorial cases must have case quality standards. In terms of substance and procedure, the Constitution, the Criminal Law, the three major procedural laws, the Organic Law of the People's Procuratorate, and the Procurators Law all have clear requirements and provisions on substantive fairness and procedural norms. The main body that feels fairness and justice is the people, and the subjective criterion for judging whether the "procuratorial product" is qualified is to make the people feel, feel, and feel fairness and justice in terms of effect. All operational lines of procuratorial organs should combine their procuratorial functions and base themselves on the actual situation of handling cases, and build a standard system for handling cases with high quality and efficiency that combines objective and subjective aspects, so as to realize that the quality, efficiency, and effectiveness of "procuratorial products" are organically unified with fairness and justice.
It is necessary to pay attention to "systematization", strengthen the systematic, holistic and collaborative nature of management, and build a "big management" pattern with systematic thinking. Focusing on the establishment of a professional guidance system, make good use of procuratorial business data analysis, research, judgment and consultation, strengthen case guidance work, implement mechanisms for reporting and guiding the handling of major and sensitive cases, and grasp the correct direction for the development of procuratorial operations; Focusing on the construction of a business management and control system, adhere to the combination of self-management of business departments and special management of case management departments, establish and improve a new model of process monitoring with intelligent monitoring as the main and manual monitoring as a supplement, and promptly discover and correct problems in specific case handling; Focusing on the construction of a business evaluation system, we will deepen the work of case quality evaluation, use big data models to empower quality evaluation, and gradually explore the mandatory investigation and intelligent evaluation of each case; Focusing on the establishment of an external supervision system, deepen and standardize judicial openness, improve the work of people's supervisors and procuratorial hearings, let the procuratorial power operate under the sun, and win public trust through openness and fairness.
It is necessary to pay attention to "institutionalization" to ensure the long-term effectiveness of management. To produce high-quality and stable "procuratorial products", it is necessary to work hard to build a normalized and long-term institutional mechanism. It is necessary to accelerate the modernization of procuratorial business management concepts, systems, mechanisms, and capabilities, and improve systems and mechanisms such as process management, quality inspection, case evaluation, data research and judgment, efficiency management, and reverse review, so that procuratorial business management can keep up with the needs of the development of the procuratorial cause, and provide a lasting endogenous driving force for the high-quality and efficient operation of the "procuratorial production line".
Source: Hubei Inspection Online