Yan Jingyao was a professor at the Beijing University of Political Science and Law (now China University of Political Science and Law) in the early days of the founding of the People's Republic of China, the director of the National Law Teaching and Research Office, and a pioneer in Chinese criminology. Many political science and law scholars do not know Yan Jingyao, but they all know Lei Jieqiong, Yan Jingyao and Lei Jieqiong are husband and wife, in fact, from the perspective of learning, Yan Jingyao is better than Lei Jieqiong. Recently, I read "Wind Bones - Political science and law scholars in the new and old era", which has a chapter "Learning to be Like Yan Jingyao", quoting a poem praising Yan Jingyao's learning: "Painstakingly doing learning alone, I will not hesitate to go to jail." After several months in prison, he studied the causes of the crime and gained profound insights. "
What are the outstanding features of Yan Jingyao's learning?
First, be immersed and experience life. Yan Jingyao was admitted to the sociology department of Yenching University in 1924, and in fact, his research field was mainly criminology. In his fourth year of college, he developed an interest in the study of Chinese criminology. At that time, the study of Chinese criminology was still in the pioneering stage, and in order to accumulate first-hand information on chinese criminology research, he decided to apply to become a "volunteer prisoner" on the basis of extensive reading of criminology books in Europe and the United States. With the help of the school, he entered the Peking Jingshi First Prison, ate and lived with the criminals held in the prison for three months, became their loyal listener, thus gaining the trust of the inmates, many criminals put down the truth in their hearts, and told him how they embarked on the road of crime and their inner struggles and even the ugly side, thus obtaining the first-hand information of criminological research, and writing "Social Analysis of Crime in Beijing", "Chinese Prison Problems", "Teaching and Education of Beiping Prison" and other criminological research masterpieces. His English monograph "A Glimpse of Crime in Beijing", published while he was a lecturer in the Department of Sociology at Yenching University, was also the result of social research he conducted as a student. In order to grasp the real material, regard yourself as a "criminal", and make friends with criminals, I am afraid that even many actors cannot do it, which should be unique in academic research.
The second is in-depth investigation and comparative research. In 1928, Yan Jingyao continued to study at Yenching University as a graduate student in the Department of Sociology, and his research career was mainly to carry out social investigations, covering more than 20 cities in Hebei, Shanxi, Henan, Jiangxi, Anhui, Jiangsu, Zhejiang and other provinces, collecting more than 300 cases; and from the prison records of various provinces, he collected dozens of thick volumes, which became detailed materials for analyzing and studying criminology, and formed the investigation report of "China's Prison Problems", which was valued by the prison circles at that time and the attention of foreign criminal law reform. After graduation, he worked as an assistant researcher at the Institute of Social Sciences of the National Academy of Sciences, and his main energy was also spent investigating crime in hebei, Shanxi, Suiyuan and Rehe provinces, as well as in the three northeastern provinces. In 1930, while studying for a doctorate in the United States, he also went deep into the penal institutions of Eastern States such as New York, New Jersey, Massachusetts and Pennsylvania through the help of the New York School of Social Work, and also visited the prisons and prison administrations of relevant countries in Poland, Germany, France, and the United Kingdom. In 1934, in order to understand the prison situation in the Soviet Union, a large socialist country at that time, Yan Jingyao obtained an entry visa from the Soviet Union through arduous efforts, contacted the Soviet Union's prison inspection, and conducted nearly a year of criminology and prison science research. After 1937, when he went to the Shanghai Ministry of Works Bureau Prison as the deputy warden, he still did not forget to carry out the investigation and research of criminology, and his main work was to investigate the causes of juvenile delinquency. He visits juvenile prisons every day, communicates with juvenile offenders, and through continuous interviews with 473 juvenile offenders, writes an English article "Juvenile Delinquency", and promotes the education and rescue of juvenile delinquency and the construction of a social system. In 1948, when he returned to Yenching University as dean of the law school, he still paid attention to the field investigation of social governance issues such as rural construction. Lian Xisheng, a professor of constitutional law at the China University of Political Science and Law, once recalled Yan Jingyao's help in governing the way: "Yan Jingyao and other old professors told us that to do learning, we should start with collecting data and sorting out information, and then how to use data. "If you want to be a good teacher, you must first be a good information officer, and this sentence is inspired by Mr. Yan."
The third is to adhere to objectivity and dissect human nature. Yan Jingyao combined his investigation to form his doctoral dissertation, "Research on Crime in the Period of Social Change in China". First of all, he links the problem of crime in China with social change, arguing that "the relationship between crime and the social environment in which crime occurs is interrelated" and "the root cause of crime is caused by economic relations and the concept of private property." "Economic crime is the largest of all kinds of crimes, the largest of which is theft, because the Republic of China period was a period of great social turmoil, "for thousands of years the stable economic situation in china's rural areas has been destroyed ... The traditional morality of the countryside contradicts the legal concept in the new situation", so the failure of social restraint and the disintegration of society are a major cause of crime. At the same time, he studies crime from a cultural point of view, arguing that "crime is an aspect of culture and changes due to cultural changes", "culture includes knowledge, belief, art, morality, law and customs in all aspects", "The purpose of studying crime from a cultural point of view is to explore the internal connection between the impulses of the offender and the effective stimuli of the environment through the superficial phenomena of crime, and to reveal the changes in the behavior of the offender due to changes in social conditions." In addition, he analyzed the causes of crime at the psychological level in the context of personal circumstances and social conflicts, "Rural bankruptcies, rural craftsmen forced to lose their jobs, after flowing into the cities, unable to make a living, personal economic life is in trouble ... They are forced to test the law by example", these views abandon the simple "labeling" and "stigmatization" of criminals, believing that the superposition of social crises and personal crises, lack of culture and lack of knowledge, etc. will become the causes of crime. To this day, these ideas are still not lacking in academic enlightenment.
Talking about Yan Jingyao's research methods on criminology, it is because of the recent thinking on the participation of procuratorial organs in social governance under the epidemic situation, which I think is of reference significance.
In recent years, it has become a consensus that procuratorial organs have taken the initiative to participate in social governance. In particular, after the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China made a major decision to promote the modernization of the national governance system and governance capabilities, procuratorial organs at all levels throughout the country have adopted various forms to play a role in social governance. On the one hand, focus on case handling and legal supervision, through punishing crimes that seriously endanger public safety, undermine social order and socialist market economic order, increase the handling of public interest litigation cases in the field of ecological environment, resource protection and food and drug safety, and carry out supervision of administrative litigation and civil trial activities to safeguard judicial fairness, etc., to promote social governance; on the other hand, extend procuratorial functions, such as strengthening law enforcement case risk assessment and interpretation of law and reasoning, and timely prevention and resolution of contradictions. Carry out the rule of law into the campus into the community and minors to prevent crime, explore the concept of restorative justice, and carry out the supervision of crime corrections of special groups such as community corrections to promote the creation of a harmonious society. In particular, the Supreme People's Procuratorate adopted the Provisions on the Work of Procuratorial Suggestions of the People's Procuratorates (hereinafter referred to as the Provisions), emphasizing that "procuratorial suggestions are an important way for the people's procuratorates to perform their legal supervision duties in accordance with the law, participate in social governance, safeguard judicial fairness, promote administration according to law, prevent and reduce violations and crimes, protect the interests of the state and the social public interest, safeguard the legitimate rights and interests of individuals and organizations, and ensure the uniform and correct implementation of the law." "It marks that procuratorial suggestions, as an important carrier for procuratorial organs to participate in social governance, have been further valued and entered the level of institutionalization and standardization." Procurator General Zhang Jun has also made important arrangements for procuratorial organs to attach importance to procuratorial suggestions on many occasions, such as in August 2018, he emphasized three aspects on the implementation of procuratorial suggestions at the national chief procurator seminar: First, the accuracy of procuratorial suggestions. "Whether it is a procuratorial suggestion to the public security organs, judicial organs, or relevant government departments, it is necessary to accurately point out the problems, solve the suggestions that are based on law, reasonable, feasible, and operable; second, the effectiveness of the procuratorial suggestions." Procuratorial suggestions are by no means just issued, and we must pay close attention to the effects and supervise the implementation of the situation." Third, the rigidity of procuratorial suggestions. "Through our efforts, we must make the so-called procuratorial suggestions without rigid requirements rigid and rigid." The Supreme People's Procuratorate has successively issued "No. 1", "No. 2", and "No. 3" procuratorial recommendations on strengthening the reduction of juvenile sexual assault crimes, standardizing the service of civil announcements of the people's courts, preventing and defusing financial risks, and all localities have made great efforts to standardize production and supervision and implementation, and have played an important role in serving the overall situation of the party and the state, standardizing law enforcement and judicial behavior, improving people's livelihood and well-being, and promoting the improvement of social governance.
Although procuratorial organs throughout the country, under the impetus of the Supreme People's Procuratorate, have generally increased their awareness of using procuratorial suggestions, there is still the problem of "three more and three less" in formulating and issuing procuratorial suggestions: First, there are more procuratorial suggestions in individual cases and fewer procuratorial suggestions in similar cases. The vast majority of procuratorial suggestions are only suggestions made by procurators handling cases requiring relevant units to improve their work on the cases they handle, while there are few suggestions comprehensively put forward in combination with a certain type of case that occurs in a certain place, a certain industry, or a certain period. Second, there are more procuratorial suggestions for law enforcement and case handling, and fewer procuratorial suggestions for social governance. In the Provisions, the Supreme People's Procuratorate clarified the five types of procuratorial suggestions, and in practice, there are relatively more procuratorial suggestions for retrial and correction of violations, while there are fewer "social governance procuratorial suggestions". Even though the Supreme People's Procuratorate has put forward a rigid requirement that each case must have procuratorial suggestions for improving the work mechanism for combating organized crime and eliminating evil forces, and has promoted the strengthening of procuratorial suggestions on governance in various localities, the number of procuratorial suggestions made at the governance level is still small overall. Third, there are more formatting procuratorial suggestions and fewer analytical procuratorial suggestions. Some units have simplified and formatted procuratorial suggestions in formulating and issuing procuratorial suggestions, such as "loss of ideals and convictions, insufficient education and guidance, lack of supervision system, and false pursuit of responsibility" and other articles that are like "eight shares", which cannot be analyzed in depth in conjunction with cases, and even less have proposals with data, precedents, and legal reasons formed through extensive investigation and judgment. The above problems are subjectively or not enough, simply in order to complete the evaluation task, the pursuit of quantity and ignore the quality and effect; objectively speaking, our ability to use statistics, sociology, law, and criminology methods to analyze and grasp is greatly lacking. Therefore, some procuratorial recommendations are only cookie-cutter faces, not strongly targeted, difficult to resonate, and the role of promoting social governance is greatly reduced.
At present, the spread of the epidemic in Wuhan, Hubei Province, has been basically blocked, and the epidemic prevention and control situation has continued to be positive and improving, entering the "post-epidemic prevention period", that is, the period of overall promotion of epidemic prevention and control and economic and social development. In this period, from the perspective of social governance, it is not that the task is lighter, but that it is more complex and arduous. On the one hand, we must continue to do a good job in the prevention and control measures of "external prevention of imports and internal prevention of rebound"; on the other hand, it is urgent to ensure economic and social development. With the opening of channels in various places, the flow of people will increase, static prevention and control will become dynamic prevention and control, and the probability of risks and crimes will increase. In particular, the public has gradually come out of the ideological and psychological state of being highly concerned about the epidemic and paying attention to their own health and safety from the previous stage, paying more attention to the recovery of life, people's livelihood protection, rights relief, and even focusing on the timeliness and effectiveness of the government's epidemic prevention and control, and whether the follow-up can better improve the risk prevention and emergency response management mechanism. At the same time, with the further spread of the epidemic in the world, it will bring greater challenges and uncertainties to the recovery of economic and social development, all kinds of contradictions and disputes will be highlighted, risks and hidden dangers will be intensified, and it is urgent for all parties to pay close attention to it and truly put the modernization of social governance in a prominent position.
As a legal supervision organ, procuratorial organs not only directly undertake the task of law enforcement and case handling, but also have supervisory duties for law enforcement and justice, as well as the public interest, and have a unique advantage in participating in social governance. Making full use of measures and means, including procuratorial recommendations, to serve the overall situation of the "post-epidemic prevention period" and maintain social stability is an important test and opportunity. Therefore, it is the proper meaning to learn from the research methods of criminology, improve our procuratorial advice work, and enhance the ability and level of social governance. Specifically:
The first is social vision. Criminology believes that crime is closely related to the social environment, so when we participate in social governance, we must start from law enforcement and case handling, and then link it to social reality, go deep into social governance, and rise to the height of social significance, that is, focus on society and serve society. For example, the "No. 3 Procuratorial Recommendation" issued by the Supreme People's Procuratorate starts from the analysis of cases of illegal absorption of public deposits, financial fraud, etc., and links China's relevant policies on financial supervision, the purpose of which is to help fight the "three major battles". At present, in the post-epidemic period, many small and medium-sized enterprises are facing multiple difficulties such as unsmooth upstream and downstream industrial chains and difficulties in enterprise financing after resuming work and production, and at the same time, small and medium-sized enterprises have concentrated 80% of the employed personnel, which is an important "stabilizer" for society. Therefore, not only should we pay attention to correctly distinguishing the boundaries of laws and policies in handling cases involving enterprises; but also we should contact our actual case handling and form a similar case analysis report after studying and judging cases involving enterprises one by one, not only reviewing whether our own case handling is in place in safeguarding the legitimate rights and interests of enterprises, but also finding whether there are loopholes in the administrative law enforcement organs' support policies for enterprises in the administrative examination and approval of enterprises and for enterprises in science and technology, finance, taxation, etc., so as to put forward targeted procuratorial suggestions for improving and perfecting relevant systems.
The second is empirical analysis. Criminology research is derived from case studies and is based on the analysis of a large number of criminal cases and data. The Supreme People's Procuratorate's "No. 1 Procuratorial Recommendation" analyzes typical cases and data of juvenile sexual assault handled by procuratorial organs across the country, and puts forward procuratorial suggestions for campus safety management, faculty-staff team management, rule of law education for children and students, and education on the prevention of sexual assault, because the vividness and directness of empirical analysis have aroused the attention of education and relevant departments at all levels. "A case is worth a dozen documents", and the same is true for procuratorial recommendations. At the same time, a simple case may only express the content of personality, a type of case can reveal a type of social phenomenon, and the comparison between a similar case and a similar case may reflect the commonality and characteristics between things. Therefore, in the post-epidemic period, it is also an unstable period caused by the intertwining of social contradictions. For example, some time ago, under the condition of strict and long closure, extreme violent injury cases occurred in some places, mostly family and neighborhood conflicts, reflecting that social psychological counseling should be followed up in a timely manner in the context of group repression, and procuratorial suggestions can provide targeted materials for psychological counseling through analysis. In the current stage of resuming work and resuming production, the flow of personnel has increased, which may lead to embezzlement and embezzlement of crimes due to various difficulties, and some mass petitions may lead to civil and criminal cases, including contradictions caused by the public's more hopes for information disclosure and fair law enforcement of administrative law enforcement organs, etc. In handling criminal, civil, administrative and public interest litigation cases, procuratorial organs have carried out more procuratorial suggestions for some similar cases, which is beneficial for us to guide relevant parties to pay attention to risk assessment and the elimination of hidden dangers.
The third is humanistic feelings. The more we are in the period of comprehensive social control, the more we test our determination to rule the law. Procuratorial suggestions, like law enforcement case handling, are rooted in the law and must adhere to the bottom line of the rule of law, and cannot deviate from the track of the law or lower the standards of the rule of law simply to achieve the value of order and efficiency. Whether for the administration or the public, the judiciary demonstrates the value of compliance with the law. However, does strict law enforcement and justice exclude humanistic feelings? The law itself is the product of civilization, the criminal law is directly related to human life and dignity, and the principle of public order and good customs of civil law is an important principle guiding judicial practice. In the process of the rule of law, China has not only written "respect and protection of human rights" into the Constitution, but also refined relevant systems in a series of basic laws, the full application of the criminal policy of blending leniency and severity in the criminal law, and the full implementation of the plea system are all manifestations of the humanistic feelings of the law. The Supreme People's Procuratorate has been grasping the "No. 1 Procuratorial Recommendation" for a long time, which is also a manifestation of the feeling of care for minors. In the post-epidemic prevention and control period, we will organically integrate handling cases according to law with humanistic feelings, reflecting our rule of law capabilities and responsibilities. For example, in the previous period, we punished the deliberate spread of the new crown virus and the failure to implement closed control in a timely manner as endangering public safety and obstructing public service, which effectively guaranteed the stability of social order; at the same time, for some behaviors, subjectively not fully aware or did not cause serious consequences or caused by the verbal stimulation and improper methods of law enforcement personnel, considering the general anxiety and uneasiness of the public during the epidemic period, it is necessary to use criminal prosecution and criminal measures with caution. In the current period of resuming work and production, cases may involve irregular operations or arrears of wages and debt disputes between enterprises, etc. We must not only consider the actual difficulties of enterprises in handling cases, implement the leniency policy to the greatest extent, and also help enterprises analyze legal risks through the form of procuratorial suggestions. In particular, for improper behaviors such as illegal or excessive law enforcement in administrative law enforcement, which can easily cause public dissatisfaction or affect the operation and development of enterprises, we need to make full use of typical cases to form procuratorial suggestions to urge industry authorities to strengthen and improve management and supervision.
(Originally written on April 5, 2020)
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