Since its establishment, the Shaanxi Procuratorate has assumed the power to legally supervise the activities of the supervision and reform institutions. With the gradual improvement of the national legal system and the gradual improvement of procuratorial institutions, the scope and methods of procuratorial organs' supervision of the supervision and reform institutions have become clearer and their work has been continuously strengthened.
The main contents of supervision over the reform and reform authorities are: whether to implement the "reform first, production second" policy and "combination of punishment control with educational reform", "combination of labor production and political education", The policy of "combining class struggle with revolutionary humanitarianism", accepting and releasing offenders and detainees, dismissing reeducation-through-labor personnel, and managing, reforming, and educating prisoners and re-education prisoners in accordance with national laws.
Supervision methods are mainly through regular or irregular inspections, general or focused inspections, inspections by procuratorial organs alone or jointly with relevant departments such as public security, courts, etc., and through the investigation and handling of appeals and complaints against prisoners, reeducation through laborers and their families, etc. In order to achieve the goals of raising awareness, perfecting the system, implementing measures, plugging loopholes, and effectively strengthening supervision and reform work, we will work hard to correct the situation and form a working group with relevant authorities. Police officers who constitute crimes shall be investigated for criminal responsibility according to law.
In the early 1950s, the procuratorial organs were inadequate and lacked experience. Therefore, the supervision and reform organs could only be inspected in a focused manner.
In October 1950, the Provincial Procuratorate, together with the Provincial Court and the Provincial Public Security Department, carried out a key inspection of the Provincial First Prison, and found that the prison's leadership was paralyzed and poorly managed, causing prisoners to escape frequently. Through more than 10 days of rectification and improvement of the management system, the supervision and reform work was further promoted.
In 1951, some procuratorial organs focused on inspecting some prisons and found that the prisons were narrow, prisoners were crowded, diseases were prevalent, and deaths increased. In some cases, due to the paralysis of police officers and poor management, prisoners escaped from prison and even serious incidents occurred in which prisoners snatched weapons and killed police officers. In this regard, the procuratorial organs have all proposed corrections to relevant authorities. In September of this year, the Procuratorate Branch of Xianyang Prefecture reported to the Provincial Procuratorate on the situation of Chunhua County Procuratorate inspecting the county detention center. The main problems are: the lax management system, such as when prisoners are concentrated in a courtyard at the same time, and there is only one sentry on the wall; the counter-revolutionary prisoner Ren Zhendi is used as the team leader; public security officers interrogate the prisoner to extort confessions by torture and slapped; Some prisoners have been held for long periods of time, or even wrongly. Suggestions for correcting these problems found in the inspection. Peasant woman Wang Xiumei, because her husband was not engaged in business, I filed a divorce. The court actually held Wang with his half-year-old child for several decades. After inspection, he found out that the court immediately released Wang.
On September 3rd of that year, after receiving the report, the Provincial Procuratorate gave the following comments to the Xianyang Procuratorate after being instructed by Deputy Procurator Wu Tailiang: 1. The counter-revolutionary prisoner Ren Zhendi served as the captain of the prisoner and should be immediately replaced; 2. 2. Extorting a confession by torture or ill-treatment is a serious mistake and should be checked and corrected immediately; 3. Light and heavy prisoners eat, it is best to separate and strengthen vigilance; 4. Wang Xiumei filed for divorce, and the county was detained. What's the details? It should be further checked and reported.
In 1954, the procuratorial organs focused on inspecting 37 detention centers and 30 labor reform teams, focusing on correcting lax management and escape of prisoners.
In 1955, according to reports from 28 county (city) and other procuratorates, including Chang'an, inspecting and supervising places, the main problems were: some police officers were paralyzed and poorly managed, leading to the escape of prisoners. The cadres of the Xi'an detention center often hand over the keys of the cell to the prisoner's team leader. Individual cadres in Langao County often play poker with prisoners and take prisoners down the river to catch fish. Due to poor management, the escape of prisoners was serious. 57 escaped prisoners (49 have been recovered) in the first half of the province; some established some management systems but did not implement them seriously. The first prison in the province originally provided for the correspondence between prisoners, Cadres are responsible for parcel inspection, rollout, and opening of prison doors, but some of them are executed by prisoners instead. Many detention centers have suffered serious incidents such as stringed confessions, suicides, and attempted escape by stealing prison walls due to the inadequate system. The prisoners were not strictly inspected, and sticks, ropes, knives, scissors, scissors, Axe saw, shovel, etc .; some supervisory cadres have violent discipline and other discipline violations. It was also found that some detention centres and labor camps had poor sanitation, resulting in an increase in abnormal deaths among prisoners. The above problems were corrected after inspection and received certain results.
In 1957, the procuratorial organs at all levels of the province inspected 554 times of supervision and reform sites, and found 1,336 problems of various types, 14 of which were corrected using the “Inspection Report”, 8 of which were corrected using the “Proposal Proposal”, and those corrected using other methods 32 pieces. General problems are addressed with oral suggestions.
The Xi'an Procuratorate and its district prosecutors conducted a comprehensive inspection of the city's detention centers from January to April 1957. In May of the same year, the Municipal Procuratorate issued the "Recommendation on the Inspection of Detention Centers by the Municipal and District People's Procuratorates" to the Municipal Public Security Bureau and the Municipal Court. The excerpt is as follows:
From January to April, the city and district procuratorates inspected the Municipal Public Security Bureau, the Municipal Intermediate Court Detention Center, and the detention centers of various public security branches, and found that the following issues need to be resolved in a timely manner:
1. The collection and release of prisoners violates the legal system. 71 detainees in the detention center of the Municipal Intermediate Court were sent by the city public security bureau detention center and the branch detention centers, so they did not send a letter of approval to approve the arrest or a detention certificate. Ten prisoners were released early from 1956 to 1957, of which nine were approved for release by the director of the municipal public security bureau or the director of the five divisions, and one was released by the president of the city's intermediate court. Make a ruling. Wang Bingkun, who was arrested by Lianhu Public Security Bureau on January 24th, was pre-trial and determined that he should not be held criminally responsible and should be released immediately. However, Wang Bingkun was detained without cause for 1 month and 23 days on the grounds of "educational release".
2. Admission of administrative detainees. Administrative detention measures have been discontinued, but as of May 13, the four detention centers of the Afang, Changle, and Yanta Public Security Sub-bureaus were still holding four administrative detainees, some of whom had been held for three months.
3． Improper use of restraints. Some guards wear restraint as a punishment method, and they are free to wear restraint without asking. The detention center of the Municipal Public Security Bureau wore a fugitive for more than three months and asked the reason: "The offender did not ask to be discharged, and he was only discharged when he offered to do so, otherwise the prisoner's authority would not be beaten." The offender was shackled.
4． Discipline relaxation. The detainee of the Municipal Public Security Bureau detained the prisoner, and the guards did not attend the custody during the meal. As a result, the prisoner Fan Zhongqi tried to escape by the wall and was stopped by the guards. The prisoner Weng Zhijie of the detention center of Beilin Public Security Branch was sent to the hospital for lung disease. Send someone to look after. According to the doctor, the culprit was seriously ill and no one was sent to the ward to cause the culprit to escape from the hospital. When the prisoner was jailed, the search was not strict. Wang Fan, a prisoner detained by the Municipal Public Security Bureau, did not find any important physical evidence. When he was jailed, he was burned, which caused difficulties in the investigation. In addition, dangerous materials such as iron nails, needles, iron wires and matches were found in the cell.
5． The property custody system is not complete. The detention center of the Municipal Public Security Bureau did not register the property stored by the offenders in detail. Watches, rings, fountain pens, and other items were only registered in quantity but not in brand, quality, and weight. Some items were not even registered. Of the items stored by the 20 prisoners, more than 70 were unregistered. The more than 6 cigarettes discovered by the criminal Longxing Zhou when he entered the prison should have been confiscated, but they were not disposed of in a timely manner, but they were mixed with the prisoner's storage items and returned to the dragon criminal when released. The dragon criminal did not dare to admit it It was his. The organizers knew it was smoke. There have also been offenders who have been removed or released but have not returned their stored items.
6. The cell was crowded. Beilin Branch Bureau detention center sleeps three people on a single bed, causing prisoners to be afraid to urinate when they sleep, fearing that they will not have a place to sleep after returning, so they often quarrel over sleeping.
To this end, the following recommendations are made:
1. Each detention center shall transfer the offenders to each other or send the offenders to the city intermediate court detention center, and they shall attach the supplementary page of the approval decision to the arrest; the release of the offender in advance shall be submitted to the court for ruling in addition to the internal approval procedures.
2. The administrative detainees detained in the detention centers of Afang, Changle and Yanta should be cleared as soon as possible in accordance with the notice of the "Not Implementing Administrative Detention" by the Public Security Department of Shaanxi Province.
3． In addition to criticizing and educating the wrong use of restraints, organizations and cadres should organize them to learn about the use of restraints and implement them effectively.
4． Reverse the phenomenon of lax and paralyzed supervision. Units that cause prisoners to escape due to paralysis are urged to seriously check the shortcomings in their work and correct them in a timely manner; units that have no special personnel to supervise the cell should promptly determine special personnel to supervise them.
5． Establish and improve the property custody system. Any property that has not been returned must be found out and returned, and appropriate treatment must be given to those who privately use the person's money and who have lost it.
6. Crowded detention centres should transfer some prisoners to other detention centres with fewer prisoners. At the same time, strengthen pre-trial work and deal with backlogs in a timely manner.
The above suggestions ask your bureau and institute to take timely measures to resolve and correct them. I hope that when a meeting is held to study this proposal, we will notify our hospital to send a representative to the meeting, and inform our hospital of the measures taken and the results of the investigation.
After receiving this "recommendation", the Procuratorate of the Provincial Government notified the whole province so as to learn from the practices of Xi'an and strengthen and improve the supervision work of the detention center.
In September 1960, Li Qiming, member of the Standing Committee of Shaanxi Provincial Party Committee and deputy governor of the Communist Party of China, severely criticized the provincial procuratorate for not paying attention to the "three types of people" death at a labor reform inspection meeting, stating that this is a major event and requires the procuratorate We must pay enough attention to it and take it seriously. At the same time, it was pointed out that after the "anti-rightist" rectification, the procuratorial organs relaxed or even abandoned their legal supervision functions, took a one-sided view of labor reform units, ignored the wrong tendency of education and reform, and did not dare to supervise boldly, and they must be seriously corrected. At the same time, the Supreme People's Procuratorate also issued instructions on strengthening supervision of the supervision and reform institutions. Since then, the provincial procuratorates have gradually reversed the tendency to unilaterally emphasize crackdowns, neglect and even give up supervision. In particular, they have attached great importance to the growing death of the "three types of personnel" at that time. In addition to notifying the procuratorates at all levels to strengthen inspections, they have to immediately adjust the procuratorial inspection of the institutions The person in charge of the Division and the prosecutor cooperated with the Provincial High Court and the Provincial Labor Reform Bureau to conduct in-depth inspections to labor reform units with serious problems, and found problems and corrected them in a timely manner.
On March 9, 1961, the party group of the Provincial Procuratorate made a special report to the Shaanxi Provincial Party Committee and Shaanxi Provincial Political and Law Office on the death of "three types of personnel".
In October 1961, the Procuratorate of the Provincial People's Procuratorate together with the Provincial Public Security Department formed a working group to conduct an in-depth inspection of the Luyang Farm of the Provincial Labor Reform Bureau, which has a serious problem of deaths. In addition to the objective reasons of economic difficulties and insufficient food supply at that time, the main reason was that the leaders of the field did not pay enough attention to the life of the prisoners, neglected management, and the standard of food could not be treated differently according to different types of work, resulting in heavy physical exertion. The deaths of working prisoners were severe. On November 17, 1961, the Provincial Procuratorate and the Provincial Public Security Department submitted a special report to the Provincial Office of Political Science and Law on the status of this inspection. At the same time, the report was copied to the local, municipal procuratorates and relevant labor reform and reeducation units to attract attention .
Due to the importance attached by leaders at all levels and the adoption of a series of measures to strengthen management, the situation of "three types of personnel" was gradually reversed. Since 1961, the number of deaths has decreased year by year. In 1961, the "three types of persons" accounted for 2.2% of the total number of "three types of persons", a 55.6% decrease from the previous year; the 1962 "three types of persons" died 45.6% from the previous year: the number of deaths in 1963 fell further, Only 0.75% of the total number.
In 1961-1962, the procuratorate participated in the clean-up of "three types of personnel" in addition to the deaths of "three types of personnel". In the past few years, under the influence of the "Left" ideology, arrests, sentencing, and reeducation through labor have been expanded. Some labor reform and reeducation through labor units have not violated the regulations and have not been released for leaving the factory in violation of regulations. ) Employment. Therefore, in accordance with the unified deployment of the Ministry of Public Security, the Supreme People's Procuratorate, and the Supreme People's Court and the instructions of the Shaanxi Provincial Party Committee of the Communist Party of China, the Provincial Public Prosecutors, Prosecutors, and Laws worked closely to clean up the "three types of personnel." On November 3, 1960, the Provincial Public Prosecutors, Prosecutors and Legal Authorities issued a joint notice requesting that all localities release in advance a group of criminals with lighter crimes, shorter prison terms, and better labor and ideological reforms. Participate in agricultural production under the supervision of the masses. In July 1961, the head of the Procuratorate of the Provincial Procuratorate and the 9 inspectors stationed in the factory (field) participated in the pilot work of cleaning up the "three types of personnel" of the Provincial Public Security Department. In September of the same year, after the provincial clean-up of the "three categories of personnel" working meeting, the Procuratorate of the Provincial Procuratorate, in addition to selecting cadres from the Procuratorate of the Supervision Institute, also instructed all inspectors stationed in the factory (field) to go all out to cooperate with the labor reform and reeducation through labor units to carry out the cleanup work. On June 15, 1962, the Provincial Public Security Department, the Procuratorate and the Provincial Court jointly issued the "Urgent Notice on Cleanup of Detainees and Prisoners in Correctional Institutions", which further promoted the cleanup work. According to statistics at the end of 1962, the province cleared a total of 18,442 "three types of personnel", of which, mainly reeducation through labor and employment personnel, 8322, accounted for 57.4% of the total number of laborers; It accounts for 60.9% of the total number of employed persons; 2,416 labor reform prisoners. Of the above-mentioned clean-up reeducation laborers, 1574 people should not be accommodated in reeducation through labor, and 942 people who can be reeducated through non-reeducation through labor, a total of 2,516. Of the liquidated prisoners cleared, 61 were wrongly sentenced, 37 were not sentenced, and a total of 98 were sentenced.
In 1964, the focus of inspection was on the phenomenon that labor reform units concerned one-sidedly focusing on production and neglecting reforms, thereby violating regulations and engaging in a large number of prisoners in "external service" and losing control. There are a total of 247 detainees in Shangzi Farm, and 122 people engage in "external service" all year round, accounting for 49.4% of detainees' prisons and exceeding 24.3% of the prescribed number. Secondly, the irregularities of using prisoners as "sticks" and using prisoners to manage prisoners were investigated. According to the survey, the provincial first labor reform detachment has 268 "canes", accounting for 5.1% of detainees, of which 249 are used as cadres and production technicians. These people use their power to perpetrate crimes and persecute detainees. Third, a small number of police officers violated the law and discipline. These problems reflect that some labor reform units "emphasize production and lightly transform" and violate the principle of "reform first, produce second", so that the quality of the reform is not high. According to a survey of a squadron at the Lianhua Temple Gravel Factory, among the 357 prisoners, the number of prisoners "two entering the palace" and "three times" actually reached 111, accounting for 31% of the detainees. Among them, 94 were involved in labor reform for the second time, accounting for 26.3%; 17 were involved in labor reform for the third time, accounting for 4.7%; 51 persons who committed the same crime consecutively, accounted for 14.3%.
In 1978, at the beginning of the reconstruction of the procuratorial organs, together with the relevant units, seriously inspected the chaotic situation in the management of detention centers and labor reform units due to the damage of the legal system caused by the "Cultural Revolution". In 1979, procuratorates at all levels, together with public security and courts, conducted a general inspection of 106 detention centers in the province. According to the statistics in January of that year, 4903 people who had been detained for a long time in the province were cleared. Among them, 2,306 people were acquitted or dealt with in other ways, accounting for 41.5% of the number of cleanups. Focus inspections were carried out on 24 labor reform units, and 1,153 people were released in connection with the investigation and prosecution of unjust, false, and wrong cases. Extortion of confession by torture, corporal punishment, detention of offenders did not comply with legal procedures, paralysis, and inadequate supervision, so that accidents such as escape, murder, prison custody, and confession were also corrected to help the supervision unit to sum up experiences and lessons, and improve the supervision work. Establish and improve the regulatory system.
In March 1980, the Procuratorate of the Provincial People's Procuratorate sent a working group to inspect the reeducation through labor at the Malan Farm in conjunction with the Provincial Labor Reform Bureau and the Xianyang Procuratorate. And other serious issues. One of the main reasons for this phenomenon is that the legal concept of management cadres is not strong and the management methods are simple and rude. The working group seriously rectified the field, and forwarded the Supreme People's Procuratorate's statement on the need to "carefully inspect, conduct in-depth investigations and studies, sum up experiences and lessons, formulate effective measures to effectively solve existing problems, The notice of “doing a good job” has promoted the procuratorial work in the labor camps and supervision sites.
In 1981, the Procuratorate of the Provincial People's Republic of China carried out a major investigation on the issue of prisoners detained in Xianyang beyond the legal time limit. There were 536 detainees in the area at the end of April, and 234 had exceeded the legal time limit, accounting for 43.7%. By the end of 1982, 3183 such problems were found in the province, and 2913 were corrected, accounting for 91.5%. At the same time, serious cases of violations of laws and disciplines by police officers in some labor reform units were investigated.
In 1982, the procuratorate inspected the prison 3,142 times, of which 432 inspections were conducted by procurators at all levels, and 1,678 problems in education were found. In addition to promptly submitting corrective opinions, coordinating with the relevant departments to rectify the units with many problems and implementing the "reform first, production second" policy and the requirements of civilized management have significantly improved the order of some places of labor reform and reeducation through labor. Wang Shuying, the head of the procuratorate of the Zhen'an Procuratorate, actively assisted the supervision police in doing a good job in educating and reforming offenders. She often went to the prison to investigate. Persistently: (1) Investigate with the cadres of the prison, make use of their many contacts with offenders, and easily find the characteristics of the problem. Contact them often, communicate with each other, and resolve important issues in a timely manner; (2) Ask the guards and soldiers for information and understand Problems found in duty; (3) Investigate the case handlers to understand the confession of the offender; (4) Interrogate the offender, comprehensively understand the facts of the crime, confession attitude and ideological activities, and basically conduct person-to-person interrogation for newcomer prisoners; (5) Proceed to the trial of the same number of offenders, and let them expose the problem of prosecution of others committed by the same number of houses; (6) In-depth inspection of the number of houses, and grasp first-hand materials. Through the above work, she and the correctional cadres have summarized the different ideological characteristics of juvenile delinquents, adult delinquents, major criminal delinquents, and criminals among state officials. According to the mental state of different offenders, they have adopted different educational methods, adapted the prescriptions, and applied them according to the individual. teach.
In March 1983, the Procuratorate of the Provincial People's Procuratorate together with the labor reform organization formed a joint investigation team to investigate the reform of the third prison in the province, and wrote out the "Investigation Report on How the Third Prison in Shaanxi Province Improves the Quality of the Reconstruction", reflecting the rebuilding of the procuratorial organization. In cooperation with the labor reform department to rectify the work of the supervision order.
The investigation report is excerpted as follows:
The Third Prison in Shaanxi Province, due to the impact of the "Cultural Revolution", transformed the order and disordered. In 1980, 124 fights and brawls occurred, and 5 gang thefts involving 41 people, including 16 people who constituted crimes; 546 people who complained, accounting for 74% of imprisoned prisoners, most of them are unreasonable for making trouble; criminals and correctional cadres have a serious feeling of opposition, and they often face abuse, violation of supervision rules, and refusal to work. According to the statistics of the Third Squadron, in 1980, they encountered 56 insults against cadres, besieged supervisors and prosecutors 13 times, and they could not refuse more than 60 workers a day. The leaders of the Three Supervisors have carried out rectification many times, but with little effect.
Since the National Reconstruction Conference in 1981, the reform order of this prison has improved. According to statistics, 115 people complained in 1982, accounting for 15.2% of the total number of detainees. Fighting, confrontation, verbal abuse of cadres, violation of prison rules and refusal It rarely happens. There have been no vicious incidents such as escape, murder, suicide, etc. for two consecutive years. The stability of the reform order has promoted the development of production. In 1982, the profit paid was 360,000 yuan, which was 1.4 times that of 1980. The main experience is: resolutely overcome the "Left" ideological impact, conscientiously implement the party's labor reform guidelines and policies, and implement civilized management.
First, the incident of corporal punishment of prisoners was completely abolished. Criminals generally report: "The government treats us as human beings, and why do we not make good changes."
Second, pay close attention to criminals' thinking transformation. While strengthening their political studies, they focused on the following tasks:
1. Teaching by people. The Supervisor adopts the methods of leading the squadron and the cadres of the unit, and cadres of the squadron to approach the prisoners, and conducts individual education according to the different situations of the criminals. According to the grasp, 67 people who had the idea of running away at the beginning of 1982, after individual talks and patient education, 42 of them gave up this idea and rebuilt with peace of mind. Three cadres of the 1st Squadron talked to the prisoners 422 times in 1982, which markedly changed 9 of the 12 stubborn criminals.
2. Invite family members to persuade criminals. In October 1981, for the first time, 29 family members of criminals were invited to supervise the education and counselling of criminals. Since then, mobilizing the families of criminals to persuade them has become a regular task of reforming criminals in the three prisons, which has made many criminals more enthusiastic about reforming evil and doing good. Prisoner Zhu Nenglu, who was sentenced to 11 years in prison, was about to commit suicide. After being persuaded by his wife and children, he gave up the idea of suicide and surrendered his weapon.
Third, care about life. For a long time, due to the "Left" ideological constraints, many police officers consciously or unconsciously believe that caring about criminals in their lives is "unstable position", "the harder you are, the stronger your position". After studying, police officers increased their awareness and approached and cared for criminals on their own initiative. Therefore, the criminals were basically full, cooked, and hygienic, and the bed bugs were eliminated. Diseases could be treated in a timely manner. The prisoner's house was neat and clean, and was rated as an advanced unit of health in Hanzhong City.
After the "strike hard" struggle was launched in the second half of 1983, some police officers of the supervisory organs could not correctly understand the Party Central Committee's guidelines and policies on the "strike hard" fight. Individual discipline officials even misinterpreted the meaning of "strike hard". "Battering is punching, kicking, handcuffs, ropes, and batons all come together; punching is slaying." During this period, a few police officers from several supervision and reform institutions in Xi'an had some illegal and disciplinary incidents. The Xi'an Procuratorate and its four plant-based procuratorates have seriously investigated and dealt with these violations of law and discipline, prosecuted and sentenced 3 people and sent them to reeducation through labor. It is recommended that the public security and judicial organs deal with them 4 times. At the same time, some reform-through-labor and reeducation-through-labor sites have promoted reforms that focus on the transformation and production of “dual contracting”. Some unilaterally emphasize production, neglect education and reform, and let prisoners and reeducation workers go out to contract projects, run cafeterias, and open small coal kilns. Some use of "foreign service" actually accounted for 70% of prisoners, causing prisoners to flee, commit suicide, commit assaults, and cause major casualties in production. In response to this, the procuratorial organs carried out inspections in a timely manner, and urged the supervision units to resolutely implement the "reform first, production second" policy, eliminate hidden dangers and prevent major accidents.
From January to May 1984, the province's procuratorial organs successively supervised and inspected the renovated sites for 1,811 times. Among them, 425 inspections were conducted by prosecutors at all levels in person, and a total of 1,639 various problems were found, including 146 major problems. There were 254 violations, and nine police officers who had violated the criminal law were investigated for criminal responsibility.
In September 1984, leaders of the CPC Central Committee such as Hu Yaobang and Xi Zhongxun gave important instructions on "Multiple incidents of deaths of corporal punishment through reeducation through labor in Xi'an Labor Camp" published by Xinhua News Agency, "Dynamic Samples in China". The implementation of the central leadership's instructions also gave instructions. According to the instructions of the central leadership and the provincial Party committee leader, Provincial Procuratorate He Xia and Deputy Prosecutor Tian Lin led 12 provincial and municipal procuratorial cadres, together with public security and other relevant departments, to form a working group, and entered the Xi'an Labor Camp for inspection. The investigation identified all issues, dealt with the responsible persons separately, and conducted a comprehensive rectification of the institute. At the same time, in accordance with the instructions of Bai Jinian, the secretary of the Shaanxi Provincial Party Committee, "should take appropriate methods (such as sending a document or holding a small meeting) to require all localities and cities to inspect and correct this problem," the provincial procuratorate in late September An emergency meeting was held with the participation of the responsible comrades of the 10 local and municipal procuratorates and 22 procuratorial units in labor reform and reeducation through labor camps, and specific arrangements were made for the implementation and implementation of the spirit of the central and provincial Party committee leaders' instructions.
Incomplete statistics from 1980 to 1984. For 71 police officers who had severely violated the law and discipline in some labor reform and reeducation through labor institutions, they were inspected by the procuratorate of the factory (field) and reported to the local procuratorate, and 21 persons were investigated for criminal responsibility according to law. It is recommended that the relevant departments be punished by 50 people for party discipline. In 1984, only 7 places in Xi'an, Weinan, Shangluo, Xianyang, Baoji, Yan'an, Tongchuan, and the city's procuratorial organs discovered and suggested correcting 1042 cases of various illegal problems of the supervision unit. The Shangluo Procuratorate Branch, the sub-chief, and the Mianxian Procuratorate found that the phenomenon of illegally accepting pregnant women offenders by the institution promptly corrected them. In November 1986, Cunli, a correctional cadre at the Lizhen Labor Camp, not only committed beatings by himself, but also indulged Su ××, Gao ××, and Zhao ×× on the reeducation-through-labor staff member Jia Daxin repeatedly to death. The case was investigated and dealt with seriously by the Procuratorate of the Province in conjunction with the Provincial Department of Justice. The Baoji County Prosecutor's Office sued Cianlishe and other county courts. After trial, they were sentenced to corporal punishment and ill-treatment of the person being supervised. ×, Gao ×× were sentenced to 2 years in prison, and Zhao ×× was sentenced to 1 year in prison.
The procuratorial organs' prosecution of illegal cases occurred in the supervision and reform institutions is not simply punishing several police officers who have seriously violated the law. It is important to improve the legal concept of police officers by handling cases, find and block loopholes in management, and improve the system so that Fundamentally improve and strengthen supervision and transformation. On March 8, 1984, three persons including Liu X ×, a cadre in charge of the labor camp in Huaishuzhuang Farm, and a armed police soldier severely violated the law and discipline, causing extremely bad effects on and off the court, not only directly affecting the reform mood of the labor camp staff, Moreover, when it came to society, many family members of reeducation through laborers heard about the safety of their children who were undergoing reeducation through labor. Facing this situation, the resident procuratorate, under the leadership of the Fuxian Procuratorate and the party committee of the plant, carefully investigated and verified the case, and promptly investigated the criminal responsibilities of three persons including Liu ×× in accordance with the law. Armed police fighters were punished by administrative sanctions. At the same time, the procuratorate also actively carried out legal publicity and meticulous ideological work for the family members of the reeducation-through-labor staff who came to the scene to stabilize their emotions and make them feel comfortable returning. On the other hand, the procuratorial team assisted the labor camp party committee in conducting in-depth ideological education of correctional cadres to eliminate unnecessary ideological concerns; it also adopted measures to correct the evil and cooperate with the leaders of the labor institute to praise the performers of labor camps and fight against opportunities The top anti-labor reform leaders quickly calmed down the situation and stabilized the transformation order. Immediately after, the procuratorial team and the party committee of the factory formed a joint working group to carry out a 52-day rectification of Yulin Station where this serious illegal incident occurred. This typical case was used to educate all police officers, raise their ideological awareness, and strengthen legal concepts, thereby promoting Strict management and civilized management.
In August 1985, the Provincial Procuratorate formulated the "Rules of the Procuratorate of the Detention Center of the Shaanxi Provincial People's Procuratorate (Trial)" on the basis of a more systematic summary of the procuratorial work experience of the detention center over the years. The procuratorial work of detention centers in various places is more standardized.
In 1989, the Provincial Procuratorate held a procuratorial work conference in Nanzheng County. Nanzheng County Procuratorate introduced the procuratorial work of their ward, which reflected the basic status of the procuratorial work in the ward in the 1980s.
1. Strict inspection
(1) Strictly control the collection and release. Check the legal documents of the detainees and releasers daily, and check with the detainees in the number to see if the registration list is consistent with the detainees in the number. If problems are found, correct them in time.
(2) Strictly limit the duration of detention. Investigate the time limit of cases and see if there are any time-out cases. For time-out cases, make written or oral suggestions to the relevant authorities according to the division of jurisdiction.
(3) Strict implementation of criminal judgments and rulings. If the court has not issued a notice of execution on a judgment that has already taken effect, it shall make a correction to the relevant authorities.
2. Cooperate with regulatory agencies in education transformation
(1) Cooperate with the situation and carry out education. For example, during the implementation of the "Notice on Corruption and Acceptance of Bribes, Speculation, and Other Criminals Must Confess to the Confession Within a Time Limit" by the Supreme People's Court and the Supreme People's Procuratorate, they cooperate with the detention centers to carry out the implementation of the Notice. Prior to the expiration of the "Notice" deadline, a total of 17 detainees reported and confessed 29 criminal clues, including 6 cases of corruption and bribery of over 10,000 yuan.
(2) Carry out targeted education according to different situations. The first is to educate the prisoners of the new detention center about the nature, tasks and discipline of the detention center, so that they can face their own problems, report and expose, and confess their crimes. The second is to conduct a true account of crimes and seek for leniency during the trial stage. Education; Third, after sentencing, conduct confession, subjugation, and future education to make prisoners aware of the length of time they serve, depending on their attitude to confession. As long as efforts are made to reform, long sentences can be converted to short sentences.
(3) Individual education for hardcore and felony offenders. In individual education, they guide offenders to put themselves in the position of victims, ask themselves and answer, and judge their criminal behavior. They call this kind of education a "transposition" education method, which has been conducted 315 times and received good results.
(4) Holiday education. Whenever there are major festivals such as the Spring Festival and the National Day, a symposium will be held to let them talk about their ideas and conduct self-education. In 1989, four symposiums were held and 45 prisoners participated.
(5) Conduct home visits to combine solving ideological and practical problems. In 1989, there were 25 home visits, and 61 problems were solved. The thief, Wang Changzheng, was afraid of divorce after the prosecution cadres went to the prisoner's hometown, and learned about the situation of Wang's wife with the village cadres. Through ideological education, the wife said that as long as her husband was transformed, he would be at home to produce and take care of his mother-in-law . When the procuratorial cadre told these crimes to the criminal, he repeatedly thanked the government for his concern, pleaded guilty, and reformed.
(6) 8 family members or relatives or friends have been used to cooperate with the education. For example, the thief Xu Dinghua, who entered the palace, refused to plead guilty after being arrested. The procuratorial cadre invited his father to persuade Xu to educate him so that he could confess his crime.
3． Cooperate with public security organs to conduct security inspections
(1) Rectify order and implement management system. In 1989, procuratorial cadres cooperated with the detention center to preach detainees 6 times on legal knowledge, 2 times about the detention center's tasks, nature, and supervision discipline, and 3 times to rectify the order. Order improves.
(2) Regularization and institutionalization of security inspections. Insist on the weekly and monthly investigations, find out problems in a timely manner, and jointly investigate on major festivals. "Five details" in the inspection: search details, clear things, look at the number of houses, check dead corners, check security facilities. In 1989, there were 12 major inspections, 41 random inspections, and 325 illegal items were seized.
(3) Grasping the emergence, plugging loopholes, and eliminating unsafe factors in a timely manner. In June, in their conversation with individual offenders, they learned that the rapist Jian Mankuan had chosen three escape routes, educated them in a timely manner, urged them to plead guilty, and eliminated the idea of escape. Three unsafe loopholes were found and all were eliminated in time.
4． Attach importance to "outside the wall" work, do a good job of helping the offenders outside prison, release from prison, and release from reeducation through labor, to reduce the criminal factors in society
(1) Implement supervision reform measures to promote the quality of supervision reform. In 1989, the procuratorial cadres cooperated with the public security organs to go to the grassroots level, conducted a comprehensive inspection of 12 prisoners and 29 released prisoners, and rectified and perfected six help organizations. It also cooperated with the County Political and Law Commission to investigate the causes of the crimes of 20 re-offenders in 1988 and put forward suggestions for better education. The number of recidivisms in 1989 decreased by 75% compared to 1988.
(2) Cooperate with labor reform sites and do a good job of persuading and educating Nanzheng prisoners. Before the Spring Festival, they wrote 100 “advisory letters” to Nanzheng prisoners serving in prisons in provinces and prisoners who were admitted to labor camps. They introduced the achievements of the 10-year reform in their hometowns and encouraged them to work hard to rebuild. Contribution to hometown construction. In April, the county procuratorate organized the 51 prisoners serving the province's third prison, the eleventh labor reform detachment, and the county detention center to visit township and village enterprises within the county, learn from the "two-labor" release model of hardworking and getting rich, and watch the achievements of Nanzheng's 10-year reform The photo exhibition inspired the prisoners' efforts to transform and strive for newcomers.
(Excerpted from "The Provincial Journal of Shaanxi Province"): Edited by Wang Jin)
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