Delivered at the First Session of the Fourteenth
National People's Congress on March 7, 2023
By Zhang Jun, Prosecutor General of the
Supreme People's Procuratorate
Fellow Deputies,
On behalf of the Supreme People's Procuratorate (SPP), I now present to you the report on the work of the SPP for your deliberation, and I welcome comments on my report from the members of the National Committee of the Chinese People's Political Consultative Conference (CPPCC).
Review of the Work over the past five years
Since the 19th National Congress of the Communist Party of China (CPC), the advancement of the rule of law in China has taken on new dimensions, accompanied by major achievements of the Party and the country. General Secretary Xi Jinping has given a series of important instructions on procuratorial work, the CPC Central Committee has issued the Opinions of the CPC Central Committee on Strengthening Legal Supervision by the Procuratorates in the New Era, and the report of the 20th National Congress of the CPC has placed significant emphasis on the "strengthening of legal supervision of procuratorates", thereby guiding the prosecution services in its direction of advancement.
Over the past five years, under the strong leadership of the Central Committee of the CPC with Comrade Xi Jinping as General Secretary, and the effective supervision of the National People's Congress (NPC) and its standing committee, the SPP adhered to Xi Jinping's Thought on Socialism with Chinese Characteristics in the New Era as its guide, thoroughly implemented Xi Jinping Thought on the Rule of Law, comprehensively carried out the spirit of the 19th National Congress of the CPC and the 20th National Congress of the CPC, conscientiously implemented the resolutions of the successive meetings of the 13th NPC, deeply recognized the decisive significance of the "Two Establishments", strengthened the "Four Consciousnesses", firmly adhered to the "Four Confidences", and achieved the "Two Maintenances". The SPP attached great importance to politics, considered the overall situation, pursued development, and highlighted self-improvement. The SPP innovatively created a new pattern of "Four Major Procuratorial Functions" including criminal, civil, administrative, and public interest litigations, upheld the supremacy of the people, actively fulfilled legal supervision duties conferred by the Constitution and the law, and enabled the prosecution services to achieve new leaps and bounds in development. From 2018 to 2022, the number of cases handled by the procuratorates nationwide increased by 40% compared with the previous five years. The SPP formulated judicial interpretations and documents of judicial interpretation nature, up 78.9% over the previous five years, and issued guiding cases, which increased by 3.5 times over the same period.
I. Maintaining Security and Stability and Assisting the Governance of China through Active Procuratorial Work
The SPP firmly implemented the holistic view of national security, actively contributed to the construction of a safer China at a higher level, focused on addressing existing issues and preventing potential problems, and practiced the supremacy of the people by enhancing governance of the source of litigation.
Resolutely committing to safeguarding national security and social stability. The procuratorates spared no effort in the national crackdown on gang-related crimes, adhering to the principle of “not letting go of any gang-related crimes while not counting in any non-gang-related crimes”. As the campaign reached a routinized phrase, the procuratorates focused on early intervention in criminal activities and promoted long-term and effective governance. The procuratorates rigorously prosecuted and effectively controlled serious violent crimes, crimes involving firearms and explosives, and drug-related crimes, and the SPP approved the prosecution of cold cases with particularly serious criminal circumstances that had exceeded the statute of limitations. The procuratorates severely combatted human trafficking crimes and, since 2021, has collaborated with public security organs to investigate longstanding unresolved cases through special actions. The lawful imposition of punishment led to a sustained improvement of social order. In 2022, the number of cases of homicide, arson, explosions, kidnapping, robbery, and burglary brought to trial reached the lowest point in the past two decades, providing the people with a real sense of security.
Actively promoting the governance of internet in accordance with the law. In 2020, the SPP established a specialized mechanism of guiding case handling, outlining 65 norms for procuratorial work. In 2022, through collaboration with the Supreme People's Court and the Ministry of Public Security, the SPP issued 23 opinions to guiding case handling. The procuratorates cooperated with public security organs to rigorously combat telecom and online fraud, conducting thorough investigations into financial backers operating behind the scenes, severely punishing the core members of criminal groups involved, and actively pursuing the recovery of illegal gains to mitigate losses. Cases involving individuals who committed less serious crimes or were deceived or coerced into participation in information network crimes were handled with leniency, with a focus on education. The SPP collaborated with the Ministry of Education to carry out anti-fraud campaigns at schools and release typical cases to raise awareness about these crimes and protect students.
Exercising prudence in arrests, prosecutions, and detentions to enhance effective governance. During the NPC in 2020, the SPP analyzed the significant changes in crime patterns over the past two decades, notably the continuous decline in felonies and a continuous increase in misdemeanors, and proposed that the criminal policy of tempering justice with mercy be comprehensively implemented, and that serious crimes be harshly punished without compromise, while arrests, prosecutions, and detentions be applied with prudence in accordance with the law regarding less serious crimes. Through coordinated efforts among various political and legal authorities, the pretrial detention rate reached its lowest point since judicial statistics have been recorded. The rates of non-arrest and non-prosecution were the highest ever recorded. The procuratorates adopted leniency when warranted and strictness, when necessary, in order to provide more effective crime governance and stronger safeguards for human rights.
Facilitating rehabilitation by granting lenient punishments to those who plead guilty and accept the penalty. In collaboration with relevant departments, a series of documents were issued to strictly enforce the system of granting lenient punishments to those who plead guilty and accept the penalty in accordance with the law, and the application rate of this system at the procuratorial stage has exceeded 90%. In leading the implementation of this system, prosecutors presented accurate and sufficient evidence to encourage suspects to plead guilty and accept the penalty; engaged in extensive communication with defense attorneys, and accurately proposed sentencing recommendations; and placed great importance on listening to the opinions of victims and safeguarding their rights and interests. Despite a notable increase in workload and complexity, the quality and efficiency of litigation have significantly improved. In 2022, the adoption rate of sentencing recommendations reached 98.3%, and the rate of willingly accepting judgments in the first instance reached 97%. Appeals and petitions were significantly reduced, which contributed to the rehabilitation of criminals and promoted social harmony.
Advancing the rule of law through the release of typical cases. By fulfilling the responsibility of "those who enforce the law also popularize the law," the SPP released 1704 typical cases to foster a socialist spirit of the rule of law. The law cannot compromise with lawlessness. The SPP guided the handling of a series of self-defense cases, such as the "Kunshan anti-killing case", and released 17 typical cases for three consecutive years, guiding and reshaping the concept of self-defense. Cyberspace is not exempt from the rule of law. The SPP instructed Zhejiang procuratorate to handle the case of a woman rumored to be involved with a courier, recommended that public security authorities file a defamation case, facilitated the transition from private prosecution to public prosecution, and established the principle of public prosecution for the protection of personality rights on the Internet. The procuratorates firmly prosecuted online violence perpetrated through "keyboard harm" and severely prosecuted crimes of internet defamation, slander, and infringement of personal information, in collaboration with relevant departments for comprehensive governance in this regard. Maliciously causing harm to public welfare must be subject to punitive compensation. The SPP guided Jiangxi procuratorate to handle the first case of punitive compensation for environmental pollution after the implementation of the Civil Code, and the infringing party was required to bear punitive compensation liability several times the amount of relevant damages. Procuratorates in Anhui, Guangxi, Chongqing, Shaanxi, and other regions actively applied this system in the areas of ecological environment protection and food and drug safety, imposing severe penalties on those who challenge the law themselves, thereby deterring potential offenders of illegal activities.
Promoting the governance of the source of litigation through the formulation of procuratorial recommendations. From the handling of individual cases to the supervision of similar cases and then tracing them back to address both the symptoms and root causes, it is a higher requirement for advancing the rule of law in China. The SPP maintained a vigilant stance on people’s security, analyzed judicial data and typical cases, and issued procuratorial recommendations No. one to eight to relevant departments; local procuratorates worked together to drive the implementation of prosecutorial responsibilities and promote relevant departments in charge to fulfill their legal duties, with over 180,000 procuratorial recommendations issued, contributing to proactive social governance and prevention. In response to the problem of individuals getting injured in manholes discovered during case handling, the fourth procuratorial recommendation was issued to the Ministry of Housing and Urban-Rural Development, resulting in the collaborative efforts of six departments to address this issue. The seventh procuratorial recommendation was directed to the State Post Bureau concerning the mailing of illegal drugs and other prohibited items, and the bureau worked together with eleven departments to resolve the problem. Through a thorough analysis of patterns of crimes that endanger production safety, the eighth procuratorial recommendation was issued to the Ministry of Emergency Management, promoting early detection of issues, addressing minor problems, and preventing potential risks, thus facilitating the transformation of the public security governance model towards proactive prevention.
II. Focusing on Serving the Overall Situation and Promoting High-quality Development through Active Procuratorial Work
The SPP implemented the idea of new development in a complete, accurate, and comprehensive manner, fulfilled its legal supervision function, and practiced the supremacy of the people by serving high-quality development.
Safeguarding the rule of law in the realm of economic security. The procuratorates prosecuted crimes that disrupted the order of the market economy in accordance with the law, safeguarded financial security, and severely prosecuted financial crimes such as fundraising fraud and illegal absorption of public deposits. The SPP focused on the security of the capital market by establishing a procuratorial office at the China Securities Regulatory Commission and strengthening cooperation mechanisms. The SPP conducted special action in collaboration with the People's Bank of China and other relevant authorities to punish tax-related crimes such as export tax refund fraud and the fraudulent issuance of special value-added tax ("VAT") invoices.
Actively and prudently promoting the compliance reforms for the enterprises involved in cases. The procuratorates ensured equal protection under the law for various types of enterprises, encompassing state-owned and private enterprises, and domestic and foreign investment enterprises, in order to cultivate a legalized and business-friendly environment. The procuratorates strived to protect the property rights of enterprises and the legitimate rights and interests of entrepreneurs, while also promoting employment and enhancing people's well-being. Since 2020, the SPP has been piloting compliance reforms for the enterprises involved in cases. Where enterprises may not be subject to arrest or prosecution in accordance with the law, the procuratorates instructed the enterprises involved in cases to make commitments to legal compliance and effect practical rectifications. The SPP established a third-party supervision and assessment mechanism in collaboration with twelve departments including the State-owned Assets Supervision and Administration Commission (SASAC) of the State Council and the All-China Federation of Industry and Commerce (ACFIC) to strengthen the supervision of compliance implementation.
Providing comprehensive judicial protection for intellectual property to boost innovation and development. The SPP, in conjunction with 29 provincial procuratorates including Tianjin, Shanxi, Shandong, and Hainan, established intellectual property procuratorial offices, which are entrusted with fulfilling criminal, civil, and administrative procuratorial functions. The SPP collaborated with the National Intellectual Property Administration and the National Copyright Administration to institute a coordinated protection mechanism and exercise unified supervision on major and influential cases relating to intellectual property rights.
Fully exerting procuratorial functions in the anti-corruption campaign. A total of 88,000 individuals, referred by supervisory commissions at various levels for offenses related to the breach of public duties, have been received by the procuratorates, and 78,000 of them have been prosecuted. The SPP insisted on simultaneously investigating crimes of offering bribes and crimes of accepting bribes, issued guidance, and, in conjunction with the National Supervisory Commission, released typical cases to deter potential wrongdoers. The confiscation procedure for illegal gains relating to crimes of embezzlement and bribery was initiated in cases where criminal suspects or defendants evaded prosecution or passed away.
Continuously serving poverty alleviation and rural revitalization. The SPP and the National Rural Revitalization Administration jointly carried out special actions, released typical cases, and enhanced judicial assistance for victims who have encountered hardships due to their involvement in cases, providing a total of 2.32 billion yuan to 199,000 people. The SPP provided guidance to the procuratorates in Liaoning, Jilin, and Heilongjiang to continue their special supervision of public interest protection in black soil areas; promoted the experiences of Jiangsu and Guizhou to encourage the issuance of special regulations by 7 relevant departments to address serious destruction of soil ecology caused by electric fishing for earthworms; and established a collaborative mechanism with the Ministry of Natural Resources to jointly rectify the unlawful occupation of arable land.
Providing services to ensure coordinated regional development. Six procuratorial recommendations were issued to precisely serve the construction of Hainan Free Trade Port and the Guangdong-Hong Kong-Macao Greater Bay Area, safeguard the construction of a common prosperity demonstration zone in Zhejiang and a model city for the rule of law in Shenzhen, and support Guizhou's efforts to break new ground in the development of the western region in the new era. The procuratorates in Beijing, Tianjin, and Hebei regularized their services for coordinated development and boosted the construction of the rule of law in Xiongan. The procuratorates in Liaoning, Jilin, Heilongjiang, Shanghai, Jiangsu, Zhejiang, Anhui, Jiangxi, Hubei, Hunan, Sichuan, Chongqing deepened cooperation to serve the comprehensive revitalization of Northeast China, the integrated development of the Yangtze River Delta, and the construction of the Yangtze River Economic Circle. The procuratorates in the five provinces and regions in the northwest worked together to support the construction of the Silk Road Economic Belt.
Promoting a higher level of opening up to the outside world. The SPP deepened bilateral and multilateral international cooperation in the field of procuratorial work, relying on the platforms of the International Association of Prosecutors and ASEAN - China Prosecutors-General Conference, Prosecutors General Conference of the Shanghai Cooperation Organization Member States, and Meeting of the BRICS Heads of Prosecution Services to highlight China's procuratorial role in global governance and to serve the construction of the "Belt and Road" Initiative; participated in international conferences such as the World Conservation Congress to share stories of China's efforts in public interest protection. Over the past five years, the procuratorates have handled more than 20,000 criminal cases involving foreign elements and 885 cases of criminal judicial assistance and safeguarded the legitimate rights and interests of both Chinese and foreign parties in accordance with the law.
III. Adhering to Justice for the People and Protecting the Well-being of People's Livelihood through Active Procuratorial Work
The SPP bore in mind that the people's procuratorates serve the people and practiced the supremacy of the people by effectively carrying out procuratorial work.
Caring for the safety and well-being of minors. The SPP fulfilled greater responsibilities entrusted by the revised Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency. The procuratorates at four levels established specialized institutions or organizations dedicated to the prosecution of cases involving minors, fully implemented unified and centralized handling of procuratorial work relating to minors and strengthened the comprehensive judicial protection of the rights and interests of minors. There is "zero tolerance" towards crimes against minors. The SPP introduced relevant procuratorial policies: adults soliciting or inducing minors to participate in organized crimes will be prosecuted severely; online molestations will be prosecuted equally as offline crimes. In conjunction with the Ministry of Education and the Ministry of Public Security, the SPP established the mandatory reporting system for violations against minors, and the in-service inquiry system of units in close contact with minors, both of which have been enshrined as legal obligations. More than 20,030,000 inquiries have been conducted. Dedicated efforts should be maximized to provide education and rehabilitation for minors involved in crimes. Minors involved in crimes are still physically and mentally immature, and attentive efforts can motivate positive changes in their behavior. For those suspected of minor offenses who show remorse, conditional non-prosecution can be applied. The “Six Major Protections” including family, school, society, network, government, and justice should be integrated by innovative performance of duties. In cases of serious guardianship failures, 76,000 supervision and guardianship orders were issued; the SPP issued opinions in conjunction with the Ministry of Civil Affairs, and promoted 355,000 de facto unsupported children sheltered under the minor protection system; public interest litigation was used to promote the banning of tattooing minors, and the State issued special governance norms in this regard; the SPP guided the procuratorates in Hebei, Shanghai, Jiangsu, and other places to initiate civil public interest litigation, which promoted relevant State departments to regulate e-sports hotels, blind boxes, escape rooms, murder mystery games, etc. 39,000 prosecutors served as vice principals of the rule of law in 77,000 primary and secondary schools, engaging in the rule of law through education in childhood. In response to campus safety issue shown in a case, the SPP issued the No.1 Procuratorial Recommendation to the Ministry of Education in 2018, and the procuratorates at various levels collaborated with education administrations to implement the recommendation and jointly build safe campuses. The No.1 Procuratorial Recommendation integrates the "Six Major protections" and should be implemented continuously with the support of all sectors of society.
Continuously committing to respond to every letter and visit from the people. This is a solemn promise made during the 2019 NPC. Over the past four years, the procuratorates ensured that people receive a response about who is handling the case within seven days. The response rate for processing or providing results of the letters and visits within three months is more than 95%. The purpose is not just to reply but to effectively address the issues raised. The procuratorates practiced the "Maple Bridge Experience" of the new era, where 42 Grand Prosecutors took the lead in handling 475 challenging backlogged cases, and all first-time letters and visits received by local procuratorates were handled by their leaders; 44,000 public hearings were conducted in controversial and influential cases, so that justice can be felt and acknowledged, and the resolution rate exceeded 80%.
Deeply realizing the substantive settlement of administrative disputes. Considering that in some cases, while administrative litigation may have been concluded in terms of procedure, the underlying disputes remained unresolved and resulted in longstanding complaints, the SPP has initiated ongoing special supervision since 2019, with the comprehensive use of protests, procuratorial recommendations, judicial assistance, and other means to substantively resolve administrative disputes.
Resolutely safeguarding the interests of national defense and the legitimate rights and interests of military personnel, their families, and martyrs. In conjunction with the Political and Law Commission of the Central Military Commission, the SPP formulated opinions on the collaboration between military and procuratorial organs to serve the goal of strengthening the military. Judicial assistance was provided to military personnel, their families, and veterans who have been victimized by unlawful acts. Public interest litigations were initiated in 63 cases involving infringements on the rights and interests of martyrs, and 20 individuals were prosecuted. In coordination with the Ministry of Veterans' Affairs, the SPP conducted special supervision and promoted the repair of 23,000 memorial facilities for martyrs, so as to ensure that martyrs be honored and remembered forever.
Effectively safeguarding the legitimate rights and interests of compatriots in Hong Kong, Macao, and Taiwan, overseas Chinese, and returned overseas Chinese. Cases involving Hong Kong, Macao, Taiwan, and overseas Chinese were handled in accordance with the law. The SPP compiled manuals for Taiwan compatriots and enterprises, and the procuratorates in Fujian and other places set up procuratorial liaison offices in Taiwan investment zones and employed Taiwan compatriots as procuratorial liaison officers to deal with legal claims timely and appropriately. The SPP supported Hong Kong, Macao, and Taiwan compatriots to serve as individual supervisors in Guangdong procuratorate. The SPP collaborated with the All-China Federation of Returned Overseas Chinese to safeguard the legitimate rights and interests of overseas Chinese compatriots and enterprises. Public interest litigation was initiated to protect cultural relics associated with Taiwan and overseas Chinese, providing solace to those with a sense of nostalgia and fostering a connection to patriotism.
Employing the rule of law to protect special groups. Efforts to aid in the construction of safe hospitals were effective, and prosecutions for crimes such as violence and mobbing against medical professionals decreased sharply. In conjunction with the All-China Women's Federation, the SPP provided judicial assistance to women facing difficulties. Specialized initiatives were implemented to combat and rectify fraud targeting elderly people. In cooperation with the China Disabled Persons' Federation, the SPP launched public interest litigations for the construction of barrier-free environments, and the procuratorates in Chongqing, Sichuan, Fujian, and other places carried out public interest judicial protection for the education of minors with disabilities, the rehabilitation and employment of persons with disabilities, and so on. The SPP directly filed cases for public interest litigations on the protection of the rights and interests of delivery riders and guided the procuratorates in Tianjin, Liaoning, Jiangsu, and other places to concurrently handle these cases. The procuratorates supported the filing of civil lawsuits for the elderly, persons with disabilities, migrant workers, and women victims of domestic violence whose rights and interests have been jeopardized, but dared not or did not know how to file a lawsuit. The elderly, the vulnerable, women, children, and persons with disabilities require extra care, so special protection under the law shall be implemented.
IV. Strengthening Litigation Supervision and Upholding Judicial Fairness through Active Procuratorial Work
The SPP maximized the benefits of integrated supervision, advanced the development of law enforcement and judicial restriction and supervision mechanisms in tandem, and practiced the supremacy of the people by supervising case-handling activities.
Deepening supervision of criminal case filings, investigations, and trials. Starting in 2021, in conjunction with the Ministry of Public Security, the SPP established investigative supervision and cooperation offices in all cities and counties, so as to ensure effective supervision and cooperation through information-sharing. The procuratorates intervened in the investigation of major and challenging cases and provided advice on evidence collection and the application of laws. The SPP promoted the connection between administrative enforcement and criminal justice and urged administrative enforcement agencies to transfer suspected criminal cases. The procuratorates filed protests against criminal judgments that were considered to be erroneous.
Resolutely preventing and correcting wrongful convictions. Prosecutors have the dual responsibility of pursuing criminals and safeguarding the rights of the innocent. The procuratorates, in accordance with the law, are steadfast in preventing wrongful arrests and prosecutions, refraining from authorizing arrests or initiating prosecution in cases that do not constitute a crime or fall short of sufficient evidence. The procuratorates adhered to the principles of in dubio pro reo and remedying errors when warranted and filed protests or procuratorial recommendations for retrial in cases of major miscarriages of justice. The SPP organized comprehensive scrutiny of wrongful conviction cases that have been corrected by retrial since 2018 and pursued the accountability of procuratorial staff with a firm commitment to "correcting errors should not be limited to state compensation, and accountability must be imposed on those responsible".
Strengthening the supervision of criminal execution. The SPP created the circuit procuratorial system in 2018, which was incorporated into the revised Organic Law of the People's Procuratorates, with a "stationing + circuiting" mechanism making supervision more powerful. The SPP and provincial and municipal procuratorates carried out circuit procuratorial work in prisons, covering all prisons nationwide; and circuit procuratorial work in detention centers, covering 87.2% of detention centers nationwide. The procuratorates explored the circuit procuratorial work on community corrections. In cases where a sentence had not been executed, or where the conditions for serving the sentence outside of prison had disappeared, the person involved was put into prison for execution under supervision.
Strengthening the supervision of civil procuratorial work. The procuratorates filed protests or procuratorial recommendations for retrial concerning civil judgments considered to be erroneous and issued procuratorial recommendations on illegal circumstances in civil trials and execution activities. Specialized supervision was provided to address the issue of "fraudulent litigations" in areas such as private lending, bankruptcy and liquidation, divorce, and property settlement, and fraudulent litigation crimes were prosecuted. The procuratorates explored the possibility of civil prosecutorial settlements and facilitated 6,847 settlements.
Substantializing the supervision of administrative procuratorial work. The procuratorates strengthened targeted supervision and filed protests or procuratorial recommendations for retrial concerning administrative judgments considered to be erroneous and issued procuratorial recommendations on illegal circumstances in administrative trials and enforcement activities. In terms of unlawful exercise or non-exercise of authority by administrative organs discovered in the course of their duties, the procuratorates issued procuratorial recommendations to support the construction of a rule of law government.
Strictly investigating crimes committed by judicial personnel in the performance of their duties. The SPP formulated special provisions to strictly regulate the handling of cases in which judicial personnel use their authority to commit crimes that violate the rights of citizens and jeopardize judicial justice.
Regulating the relationship between prosecutors and lawyers to promote judicial fairness. The SPP established an annual consultation mechanism with the Ministry of Justice and the National Lawyers' Association in 2020, and the local procuratorates made simultaneous progress; they jointly issued 10 opinions that respect and protect lawyers’ lawful practice. The procuratorates comprehensively carried out the online case file reviewing system for lawyers, and piloted transregional case file review by lawyers, making it more convenient to access case files. The SPP issued opinions with the Ministry of Justice and other departments to regulate the communication between prosecutors and lawyers to achieve a close and clean relationship.
V. Expanding Public Interest Litigation and Safeguarding Public Interest with Active Procuratorial Work
The SPP bore in mind the entrustment of the Party and the people and practiced the supremacy of the people in fulfilling the sacred duty as "representatives of the public interest".
Utilizing institutional advantages to achieve the best results in handling cases. The number of civil and administrative public interest litigations filed reached 756,000, with an average annual increase of 14.6%. Administrative public interest litigation is essentially a means to support lawful administration and jointly safeguard the fundamental interests of the people. The procuratorates advocated the concept of handling cases for win-win outcomes, making the safeguarding of public interests before filing a lawsuit the optimal judicial state. In relation to specific issues of public interest harm, the procuratorates consulted with the relevant authorities first to encourage them to fulfill their duties proactively, then supervised the implementation through procuratorial recommendations. In the majority of cases, public interest harm was resolved before filing a lawsuit, demonstrating the unique advantages of the socialist judicial system with Chinese characteristics. Where procuratorial recommendations could not be implemented, 40,000 lawsuits were filed in accordance with the law, 99.8% of which were upheld by the courts, effectively safeguarding public interests and the dignity of the rule of law.
Establishing a coordinated and efficient judicial protection system for public interests. The SPP formulated 13 working opinions in conjunction with 32 administrative organs to promote the coordinated fulfillment of duties. In collaboration with the United Front Work Department of the Communist Party of China Central Committee and central committees of democratic parties, the SPP established the “YiXinWeiGong” volunteer procuratorial cloud platform to rely on the public to identify and address issues of public interest harm. 27 provincial, autonomous regional, and municipal party committees and governments issued special documents, and 29 provincial, autonomous regional, and municipal people's congress standing committees made special decisions to promote and support the procuratorates in fulfilling their duties of protecting public interests.
Safeguarding a beautiful China through public interest litigation. The procuratorates continuously invested in the defense of blue sky, clean water, and pure land, proactively connected with the central ecological and environmental protection inspection and rectification, and handled 395,000 public interest litigations in the field of ecological environment and resource protection, with an average annual increase of 12.5%. The water bodies of Wanfeng Lake and Nansi Lake cross multiple provinces and have faced pollution over the years due to the varying degrees of governance in these areas. The SPP initiated litigation directly, with the concerted efforts of the procuratorates at four levels, to promote local governments to engage in collective governance, resulting in the restoration of clean waters to the lake. To implement the Yangtze River Protection Law, the SPP formulated and implemented 10 procuratorial initiatives to serve the development of the Yangtze River Economic Belt and promoted collaboration among multiple departments to address long-standing ship pollution issues by filing cases. The SPP formulated 18 procuratorial initiatives relating to the ecological protection and high-quality development of the Yellow River Basin, and carried out special actions in conjunction with the Ministry of Water Resources. The procuratorate of 9 provinces and regions along the Yellow River, including Shanxi, Henan, and Shaanxi, jointly protected the safety of the Yellow River. The procuratorates in 6 provinces and regions, including Tibet and Qinghai, established collaborative mechanisms to jointly protect the snowy plateau. Special supervision initiatives, “Guarding the Oceans”, were launched and 4,562 public interest litigations for marine environmental protection were handled by the procuratorates in Shandong, Guangxi, Hainan, and other places, serving the strategy of building a maritime power.
Continuously expanding the scope of public interest protection. The Civil Procedure Law and the Administrative Procedure Law clearly define four areas for procuratorial public interest litigation. The Fourth Plenary Session of the 19th Central Committee of the CPC deployed the expansion of the scope of public interest litigation. The Standing Committee of the NPC enacted and revised laws to add nine new areas for procuratorial public interest litigation, including the protection of the honor and reputation rights of military personnel, workplace safety, and women's rights and interests. The report of the 20th National Congress of the CPC emphasized the need to "improve the public interest litigation system", and the road of judicial protection of the public interest with Chinese characteristics is bound to become broader and broader.
VI. Adhering to Strict Discipline for Procuratorial Work and Cultivating a Competent Procuratorial Force through Active Procuratorial Work
The SPP built a loyal, clean, and accountable procuratorial force and achieved a better realization of the principle of practicing the supremacy of the people.
Systematically advancing political, professional, and ethical development. The SPP steadfastly upheld Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era as the core and soul of prosecution, meticulously organized political training to study the spirit of the 20th National Congress of the CPC, and rigorously carried out thematic education on "Staying True to the Original Aspirations and Keeping the Mission Firmly in Mind", as well as education on the Party's history. The SPP compiled and effectively utilized textbooks on implementing Xi Jinping's Thought on the Rule of Law in procuratorial duties, deepening the integration of political and professional training. The SPP actively promoted joint training for prosecutors, supervisory officers, judges, administrative law enforcement officers, and lawyers, with 764,000 participants, fostering a unified notion of law enforcement and justice. The SPP appointed 25,000 professionals from administrative organs as part-time assistant prosecutors, leveraging external expertise to enhance supervisory and procuratorial capabilities. The SPP promoted the spirit of model prosecutors in the new era, with role models such as Zhang Biao and Fang Gong, the "Most Admirable Striver", exemplifying loyalty and dedication; Shi Jinglan and Wang Yong, the "Most Outstanding Prosecutors in the New Era", demonstrating a commitment to the rule of law; and Wang Chaoyang, Jiang Chunyao, Cao Yanqun, and 66 other procuratorial personnel, the "National Model Prosecutors" who have sacrificed their lives for the Party and the people, inspiring us to persistently strive forward.
Continuously promoting the implementation of the judicial accountability system. The SPP formulated and refined the case-handling rules for the "Four Major Procuratorial Functions", dynamically revised the list of powers of prosecutors, and standardized the mechanisms for the safeguard of lawfully performing duties and accountability and disciplinary actions, so as to ensure that the exercise of power is well-founded and that the delegation of power is responsible, effectively implementing the principle "those who handle cases take responsibility, and those who make decisions take responsibility." Leading cadres in the procuratorates at various levels took the lead in handling 1,784,000 major, challenging, and influential cases, and attended 66,000 meetings of the court trial committees. Oriented towards enhancing quality, efficiency, and effectiveness, the SPP improved the assessment mechanisms for procuratorial personnel.
Establishing the "case-to-procedure ratio" to implement scientific management. In response to some cases with repetitive procedures and increased litigation burden, the SPP explored the "case-to-procedure ratio" as a standard for quality and efficiency evaluation in 2019. This standard compares the "cases" that occurred with the "cases" counted in various case-handling stages and procedures, evaluating the performance of the primarily responsible prosecutor and the resolution of cases. The quality and efficiency of case handling were improved significantly. In comparison to 2018, there was a substantial decrease in the number of cases returned for supplementary investigation and an extension of the review and prosecution period in 2022, with the average time for review and prosecution per case reduced by 6.9 days. Justice is achieved by the unity of quality and efficiency.
Adhering to the principle that strict regulation is a form of deep care. The SPP highlighted internal scrutiny and conducted education and rectification within the procuratorial force in line with the spirit of self-revolution. The SPP willingly accepted supervision from the central government's inspection, achieving comprehensive inspections and "retrospective review" for the party groups of all provincial procuratorial organs. The SPP firmly supported the disciplinary inspection and supervision organs in their supervision, discipline enforcement, and accountability work. Judicial corruption often involves cases related to favors, relationships, or financial interests, and the central government and relevant departments have already introduced the "Three Regulations" to require that any inquiries, interventions, or interferences in judicial cases must be documented and reported. To ensure thorough compliance with the principle of "documenting all inquiries", the SPP implemented a system of full staff coverage, monthly reporting, and quarterly briefings beginning in 2019, making honest reporting a growing self-awareness.
Continuously strengthening the foundation at the grassroots level. Guided by the principle of reinforcing the grassroots, the SPP issued 25 opinions on building grassroots procuratorates in the new era in 2020. The SPP conducted comprehensive training for chief prosecutors in weak grassroots procuratorates, and provincial and municipal procuratorates provided targeted assistance to help these institutions make progress in a focused and systematic manner. The SPP formulated 28 measures for procuratorates to assist their counterparts, supporting the development of procuratorial work in ethnic minority regions and revolutionary base areas. The SPP implemented a digital procuratorial strategy and developed big data supervision models for issues such as auto insurance fraud and medical insurance fund fraud, thereby enhancing the efficacy of legal supervision through technological advancement.
Fellow Delegates, those who supervise others must be supervised. We practiced the supremacy of the people and implemented the people's democracy throughout the entire process by consciously accepting supervision. We willingly accept the supervision of the National People's Congress. The SPP diligently enforced newly enacted and revised laws such as the Civil Code and presented specialized reports to the Standing Committee of the NPC on civil procuratorial work, procuratorial work relating to accusations and protests, and the system of granting leniency for those who plead guilty and accept the penalty, with four levels of procuratorates jointly implementing the opinions of these deliberations. The SPP appointed 98 NPC deputies as special supervisors and invited over 2,800 NPC delegates to inspect procuratorial work and participate in procuratorial activities. The SPP meticulously handled 1,044 proposals submitted by delegates and turned the 18,000 opinions and suggestions raised in deliberation reports and inspection discussions into a driving force for the development of procuratorial work. We willingly accept democratic supervision. The SPP participated in bi-weekly consultation meetings organized by the National Committee of the Chinese People's Political Consultative Conference (CPPCC) to promote the development of public interest litigation and juvenile procuratorial work, and diligently handled 313 proposals from the CPPCC. The SPP visited the central committees of all democratic parties for five consecutive years, and provincial procuratorates followed up by visiting democratic parties at the provincial level, ensuring more effective supervision. The SPP improved the working mechanism in cooperation with the All-China Federation of Industry and Commerce to pr omote the protection of non-public economic entities on an equal basis. We willingly accept constraints on performing duties. The SPP re-examined cases submitted for reconsideration and review by public security organs in accordance with the law. For public prosecution cases that resulted in acquittal, the procuratorates conducted a case-by-case review and summarized lessons learned. We willingly accept public social supervision. The SPP regularly released case data and typical cases. The 12309 Procuratorial Service Center and Procuratorial Open Day initiatives covered the procuratorates at four levels. The SPP invited people’s supervisors to oversee procuratorial work and used media supervision as a mirror to carefully reflect on issues raised by the media, so as to actively improve procuratorial work and uphold fairness and justice.
To do well in prosecution in the new era, the SPP must adhere to the Party's absolute leadership, and integrate the "Two Establishments" and "Two Maintenances" into the lifeblood of procuratorial work; must adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era, and fully implement Xi Jinping's Thought on the Rule of Law; must adhere to serving the overall situation and administering justice for the people, and upheld original aspirations and fulfill mission in serving economic and social development; must adhere to the constitutional positioning of the national legal supervision organ, dare to supervise, be good at supervision, and courageously conduct self-supervision, and strive to make the people feel fairness and justice in every judicial case; must adhere to proactively fulfilling duties in accordance with the law, and contribute to national governance by addressing the source of litigation; must adhere to upholding integrity and exploring innovation, deepen the comprehensive reform of the judicial system, and continuously improve the socialist procuratorial system with Chinese characteristics; must adhere to deepening self-revolution to ensure that the procuratorial force is absolutely loyal, absolutely pure, and absolutely reliable.
In comparison to the higher expectations of the Party and the people, there are still significant gaps in procuratorial work. First, we need to continue deepening our understanding and implementation of Xi Jinping's Thought on the Rule of Law, as some procuratorial concepts, policies, and measures have not been effectively implemented. Second, the specificity of services and support for high-quality development is insufficient. Third, the function of legal supervision has not been fully exercised, and grassroots procuratorial work remains weak. Fourth, the comprehensive and supporting reform of the judicial system has not been coordinately promoted sufficiently. Fifth, the education, management, and supervision of the procuratorial force require ongoing reinforcement, and there is a shortage of specialized talent. We will adhere to problem-oriented approaches and focus on breaking through difficulties to address new challenges.
2023 Work Proposals
The 20th National Congress of the CPC outlined the grand blueprint for comprehensively advancing the great rejuvenation of the Chinese nation through Chinese-style modernization. The year 2023 marks the beginning of comprehensive implementation of the spirit of the 20th National Congress of the CPC. The procuratorates across the country must adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era, take the study and implementation of the spirit of the 20th National Congress of the Party as the overarching principle, deeply understand the decisive significance of the "Two Establishments," enhance the "Four Consciousnesses," strengthen the "Four Confidences," ensure the "Two Maintenances," continuously implement the Opinions of the CPC Central Committee on Strengthening Legal Supervision Work of the Procuratorates in the New Era, practice the supremacy of the people, deepen active performance of duties, enhance the effectiveness of addressing the source of litigation, accelerate the modernization of the concepts, systems, mechanisms, and capabilities of procuratorial work, and provide strong legal safeguards for the comprehensive advancement of Chinese-style modernization.
First, thoroughly studying and implementing Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era. The SPP will adhere to making the study, promotion, and implementation of the spirit of the 20th National Congress of the CPC the top political task, engage in in-depth thematic education for studying and implementing Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era, persistently understand and implement Xi Jinping's Thought on the Rule of Law, and continuously enhance political judgment, comprehension, and execution capacities in performing procuratorial duties.
Second, resolutely safeguarding national security and social stability. The SPP will thoroughly implement the holistic view of national security and employ a new security pattern to ensure a new development pattern. The SPP will firmly crack down on crimes that endanger national security and steadfastly safeguard national security. The SPP will prioritize the safety of the people, promote the routinization of the crackdown on gang-related crimes, and severely prosecute crimes that seriously harm social order. The SPP will intensify efforts to combat cybercrime and continuously crack down on crimes such as telecommunication network fraud, online defamation, and infringement of citizens' personal information. The SPP will comprehensively implement the criminal policy of tempering justice with mercy and coordinate the implementation of the leniency system for those who plead guilty and accept the penalty. The SPP will deepen public hearings, substantially resolve disputes, and sincerely relieve the people's urgent, difficult, and expected issues, and effectively implement the "Fengqiao Experience" in the new era. The SPP will actively participate in municipal social governance, integrate into the construction of villages of higher-level safety and rule of law, make effective use of procuratorial recommendations, and promote the level of rule of law in social governance. The SPP will contribute to strengthening the rule of law in foreign-related affairs and resolutely defend the national sovereignty, security, and development interests.
Third, making full use of the rule of law to serve high-quality development. The SPP will equally protect the legitimate rights and interests of various types of market entities including state-owned and private enterprises, domestic and foreign investment enterprises, as well as large, medium, small, and micro enterprises, and strictly punish serious economic crimes in accordance with the law. The SPP will serve innovation-driven development, deepen comprehensive judicial protection of intellectual property rights, promote the establishment of a judicial system for enterprise compliance with Chinese characteristics, and improve procuratorial mechanisms for financial and securities matters. The SPP will fulfill its duties in the fight against corruption, contributing to the creation of a clean and upright political environment. The SPP will firmly safeguard national defense interests as well as the legitimate rights and interests of military personnel, their families, and veterans. The SPP will strengthen judicial protection of ecological civilization and enhance judicial guarantees in livelihood areas such as employment, food and drug safety, and workplace safety. The SPP will reinforce judicial protection of the rights and interests of various groups such as the elderly, women, children, people with disabilities, and workers in new forms of employment. The SPP will implement the "those who enforce the law also popularize the law" responsibility system, continue to improve the role of prosecutors as deputy principals for the rule of law, and deepen legal publicity and education in conjunction with case handling.
Fourth, enhancing the capacity for legal supervision. The SPP will conduct more effective supervision in case handling activities to promote the comprehensive, coordinated, and full development of the "Four Major Procuratorial Functions". The SPP will strengthen the restraint and supervision of judicial activities to promote judicial fairness, deepen the construction of investigative supervision and collaboration mechanisms, and strengthen the reciprocal linkage between administrative law enforcement and criminal justice. The SPP will comprehensively deepen circuit procuratorial work, strengthen the supervision of civil and administrative litigation activities, and improve mechanisms for preventing and punishing false litigation. The SPP will intensify efforts to investigate and prosecute duty-related crimes committed by judicial personnel, and actively and prudently carry out procuratorial supervision of administrative illegal activities. The SPP will highlight the handling of public interest litigation cases in areas empowered by law, actively and prudently handle cases in new areas, and improve the procuratorial public interest litigation system by promoting legislation.
Fifth, deepening comprehensive and supporting reform of the judicial system. The SPP will adhere to the unity of top-level design and practical exploration and formulate the “Procuratorial Reform Work Plan (2023-2027)”. The SPP will fully and accurately implement the judicial responsibility system, strengthen scientific supervision and management, and strictly pursue judicial accountability. The SPP will continuously improve case quality evaluation indicators and the assessment mechanisms for procuratorial personnel to foster diligence, efficiency, and accountability. The SPP will deepen smart procuratorial work, accelerate the advancement of digital procuratorial work, and strive to enhance the quality and efficiency of legal supervision.
Sixth, building a highly capable and reliable procuratorial force. The SPP will implement the general requirements for Party building in the new era, comprehensively strengthen both political and professional development, and vigorously enhance political, professional, and ethical capacities. The SPP will deepen comprehensive and strict governance of the procuratorial organs, resolutely combat judicial corruption, consolidate the achievements of education and rectification within the procuratorial organs, and continuously enforce the "Three Provisions" to ensure loyalty, integrity, and accountability. The SPP will adhere to the strong foundation orientation, deepen the competition for excellence at the grassroots prosecution offices, and consolidate the foundation for the development of prosecution.
In this new era and on this new journey, we will unit more closely around the Party Central Committee with Comrade Xi Jinping at its core, anchor our efforts to the grand blueprint outlined at the 20th National Congress of the CPC, implement the requirements outlined in this meeting, more willingly accept the supervision of the National People's Congress, democratic supervision, and public supervision, faithfully carry out legal supervision duties as conferred by the Constitution and the law, maintain integrity while fostering innovation, blaze new trials, work diligently to break new ground in the people's procuratorial work, and contribute to the comprehensive construction of a socialist modernized country and the great rejuvenation of the Chinese nation.
