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Top 10 news of Shaanxi Procuratorate in 2018

Release time: December 29, 2018

6 日,陕西省人民检察院联合西北政法大学设立的检察公益诉讼理论研究与实践基地揭牌 On July 6 , the Shaanxi Provincial People's Procuratorate and the Northwest University of Political Science and Law set up the theoretical research and practice base for prosecutorial public interest litigation.

陕西省检察公益诉讼理论研究与实践基地揭牌 1. The theoretical research and practice base of public interest litigation in Shaanxi Province was unveiled

6 日,陕西省人民检察院联合西北政法大学设立的检察公益诉讼理论研究与实践基地,在陕西省人民检察院揭牌。 On July 6 , the Shaanxi Provincial People's Procuratorate and the Northwest University of Political Science and Law set up a theoretical research and practice base for procuratorial public interest litigation, which was unveiled at the Shaanxi People's Procuratorate.

The theoretical research and practice base of procuratorial public interest litigation mainly plays the role of a theoretical research platform, explores the characteristics and rules of procuratorial public interest litigation through various methods, and strives to solve the difficult problems of procuratorial organs in handling public interest litigation cases; actively plays the role of the practical exploration platform and makes full use of The resource advantages of universities, timely solve various problems arising from exploration and practice, guide the procuratorial public interest litigation work comprehensively and steadily; and actively play the role of a training platform for professionals, through the two-way teaching mechanism of experts and professors, prosecutors, to achieve the integration of theory and practice Proof and win-win situation.  

15 日,陕西省人民检察院召开“充分履行检察职能服务优化提升营商环境”座谈会暨新闻发布会 On June 15 , the Shaanxi Provincial People's Procuratorate held a symposium and press conference on "fully performing prosecutorial functions, optimizing services, and improving the business environment."

、陕西省检察院出台优化提升营商环境《 12 条措施》 2. Shaanxi Procuratorate issued " 12 Measures" to optimize and improve the business environment

15 日,陕西省人民检察院召开主题为“充分履行检察职能,服务优化提升营商环境”座谈会暨新闻发布会,对《陕西省检察机关服务优化提升营商环境 12 条措施》(以下简称《 12 条措施》)进行发布。 On June 15 , the Shaanxi Provincial People's Procuratorate held a symposium and press conference with the theme of “Fully Performing Procuratorial Functions, Optimizing Services and Improving the Business Environment”, and “ 12 Measures to Optimize the Services of the Procuratorate of Shaanxi Province to Improve the Business Environment ” (below (Referred to as " 12 measures").

12 条措施》主要包括检察机关要充分发挥检察职能作用、服务建设法治化营商环境,准确把握涉及营商环境案件的法律政策界限,建立健全与相关企业、企业家进行对接和互动的服务及联系机制,依法履行检察职能,保护企业合法权益,为优化提升营商环境提供司法保障等方面的内容。 The " 12 Measures" mainly include the role of procuratorial organs in giving full play to the role of procuratorial functions, serving the construction of a legalized business environment, accurately grasping the legal and policy boundaries of cases involving business environment, and establishing and perfecting services for docking and interaction with relevant enterprises and entrepreneurs. And liaison mechanisms, perform procuratorial functions in accordance with the law, protect the legitimate rights and interests of enterprises, and provide judicial guarantees to optimize and enhance the business environment. 12 条措施》突出强调了服务理念和保护优先,强调了加强对企业产权、知识产权和科技创新的司法保护,强调了全面履行检察职能,要求全省检察机关从开展专项工作、专项活动入手,增强服务保障营造良好营商环境工作的针对性。 The " 12 Measures" highlights the service concept and protection priority, emphasizes the strengthening of judicial protection of corporate property rights, intellectual property rights and technological innovation, emphasizes the full implementation of procuratorial functions, and requires the province's procuratorial organs to start with special work and activities. To enhance the pertinence of service guarantee to create a good business environment.

10 日,陕西省人民检察院举行“ 12309 检察服务中心”揭牌仪式 On August 10 , Shaanxi Provincial People's Procuratorate held the unveiling ceremony of " 12309 Procuratorial Service Center"

、陕西检察机关“ 12309 检察服务中心”全部建成运行 3. The " 12309 Procuratorial Service Center" of Shaanxi Procuratorate was completed and operated

31 日,全省三级 123 个检察院“ 12309 检察服务中心”已全部建成并运行状况良好。 On August 31 , 123 procuratorial offices of the provincial level " 12309 procuratorial service center" have all been completed and operating in good condition.

3 月起,陕西检察机关积极推进“ 12309 检察服务中心”建设。 Since March , the Shaanxi Procuratorate has actively promoted the construction of the " 12309 Procuratorial Service Center". 30 日,延安市、县两级检察院率先挂牌成立“ 12309 检察服务中心”; 8 10 日,陕西省检察院“ 12309 检察服务中心”挂牌成立; 8 31 日,安康市、县两级检察院挂牌成立“ 12309 检察服务中心”。 On May 30 , the procuratorates at Yan'an city and county level took the lead in setting up the " 12309 Procuratorial Service Center"; on August 10 , the "Shaanxi Provincial Procuratorate's 12309 Prosecution Service Center" was established; on August 31 , Ankang city and county level The " Procuratorate Service Center" was set up by the Procuratorate. 123 个检察院“ 12309 检察服务中心”全部挂牌,均按新模式开展检察服务工作,总体运行状况良好。 At this point, 123 procuratorial offices of the provincial level " 12309 procuratorial service center" have all been listed, and they have carried out procuratorial service work in accordance with the new model, and the overall operation is in good condition.

12309 检察服务中心”建设和运行工作突出 3 个特点:陕西省检察院党组高度重视,收到高检院下发通知后,迅速对全省检察服务中心建设做出了具体安排,要求把“ 12309 检察服务中心”建设作为提升人民满意度、助推检察工作追赶超越的切入口,高点定位、高标准建设,努力走在全国前列;坚持典型引路,建设规范统一,为群众提供更优质、更高效、更便捷的检察产品;广泛开展宣传,初步形成影响,广泛宣传陕西检察新理念、新思路、新探索。 Shaanxi Provincial " 12309 Procuratorial Service Center" construction and operation highlight three characteristics: the party group of the Shaanxi Provincial Procuratorate attaches great importance to it, after receiving the notice issued by the High Procuratorate, quickly made specific arrangements for the construction of the Provincial Procuratorate Service Center, requiring the The construction of the " 12309 Procuratorial Service Center" serves as an entry point to improve people's satisfaction and help the procuratorial work catch up and surpass. It has established a high point and high standards, and strives to be at the forefront of the country. Adhere to the typical approach, standardize construction and unify, and provide better quality , More efficient and convenient procuratorial products; extensive publicity and initial impact, and extensive publicity of Shaanxi's procuratorial new ideas, new ideas and new explorations.

15 日,陕西省人民检察院召开全面推行“捕诉一体”改革工作动员部署会议 On November 15 , the People's Procuratorate of Shaanxi Province convened a mobilization and deployment meeting for the comprehensive implementation of the reform of "one arrest and one complaint".

、陕西省检察机关全面推行“捕诉一体”改革 4. Shaanxi Provincial Procuratorial Organs Comprehensively Promote the Reform of "Integrating Arrest and Prosecution"

15 日,陕西省人民检察院召开全面推行“捕诉一体”改革工作动员部署会议,在全省检察机关全面推行“捕诉一体”改革工作。 On November 15 , the Shaanxi Provincial People's Procuratorate held a mobilization and deployment meeting for the comprehensive implementation of the "integration of arrests and prosecutions" reform, and implemented the reform of "integration of arrests and prosecutions" in the province's procuratorial organs.

月,省检察院部署在渭南、汉中、延安 3 市检察机关开展“捕诉一体”改革试点,并在全面总结“捕诉一体”改革试点工作开展情况的基础上,分析了当前工作面临的形势与任务,明确了“捕诉一体”改革发展方向,并就深入开展“捕诉一体”改革工作提出了明确要求。 In July , the Procuratorate of the Province deployed in the Weinan, Hanzhong and Yan'an cities to carry out pilot reforms of “integration of arrest and prosecution”, and based on a comprehensive summary of the implementation of the pilot reform of “integration of arrests and prosecutions”, it analyzed the current situation of work And tasks, clarified the reform and development direction of the "integration of arrest and prosecution", and put forward clear requirements for the in-depth implementation of the reform of "integration of arrest and prosecution".

Provincial Procuratorate requires full understanding of the significance of the "integration of arrests and prosecutions" reform, maximizing the consensus on reform, enhancing supervision capacity in the reform, improving the quality of prosecutors and police officers, adapting to the transition of the role of "integration of arrests and prosecutions" as soon as possible, and promoting the integration of arrests and prosecutions The reform work has developed in an all-round way.

26 日,由西安市碑林区检察院提起公诉的该区首起恶势力犯罪集团案件在碑林区法院开庭审理 On December 26 , the first case of a criminal group in the district filed by the Procuratorate of Beilin District, Xi'an, was heard in Beilin District Court.

、全省检察机关批捕涉黑涉恶案件 281 873 5. Provincial procuratorial organs approved the arrest of 281 873 criminal cases involving blacks and evils

Since the start of the special campaign to combat crime and eliminate evil, the procuratorial organs at all levels in Shaanxi Province have fully exerted their procuratorial functions and cracked down on crimes involving crimes involving crimes. 281 873 人,有力维护了社会大局稳定。 At present, a total of 281 873 criminal cases involving blacks and evils have been approved , which has effectively maintained the stability of the overall society.

In carrying out the special campaign to combat crime and eliminate evil, the procuratorial organs at all levels in our province consciously improved their political standing, strengthened organizational leadership, and strengthened their responsibilities. The procuratorial organs at all levels have established leading groups to combat crime and eliminate evil. Institutions, clarify their responsibilities and tasks, put forward specific requirements, and advance the special struggle to combat crime and eliminate evil. Provincial procuratorial organs at all levels in the province have continuously strengthened their contacts with administrative supervision departments in key industries such as industry and commerce, taxation, construction, and land, and established a mechanism for mutual information exchange. 15 件重大涉黑涉恶案件,全省检察机关目前共受理审查起诉案件 262 1020 人,提起公诉 90 408 人。 The Provincial People's Procuratorate has listed 15 major black and evil cases in two batches . The Procuratorate of the whole province currently accepts and examines and prosecutes 262 cases of 1,020 people, and has filed 90 cases of 408 people.

7 月,陕晋 3 个市的检察干警考察调研黄河流域生态环境状况 In July this year , prosecutors from three cities in Shaanxi and Jinzhou inspected the ecological environment of the Yellow River Basin

、陕西省检察院发起保护黄河生态环境倡议 6. Shaanxi Provincial Procuratorate initiated the initiative to protect the ecological environment of the Yellow River

Since the beginning of this year, the province's procuratorial organs have continued to increase law enforcement efforts around the overall economic and social development of the province. 8 个省级检察院积极响应,合力保障黄河流域绿色发展。 The Provincial Procuratorate has actively established a coordinated regional procuratorial mechanism, and jointly initiated the initiative to protect the ecological environment of the Yellow River with the Gansu Provincial Procuratorate. The eight provincial procuratorates in the Yellow River Basin responded positively to work together to ensure green development in the Yellow River Basin.

3 市检察机关《关于开展“黄河母亲河”生态环境和资源保护公益诉讼协作配合工作机制的意见》,保护领域涵盖了黄河水资源,沿黄森林、草场和湿地,以及黄河流域沙漠化综合治理、水土流失治理等。 Yulin Procuratorate took the lead in cooperating with Xinzhou Procuratorate of Shanxi Province and Luliang Procuratorate to take the lead in carrying out public interest litigation work on the theme of "protecting the Yellow River Mother River", jointly carrying out the work of protecting the ecological environment and resources of the Yellow River, and establishing public interest litigation in the Yellow River Basin Procuratorate Collaborate and cooperate with the working mechanism to conduct active consultations, hold a joint public interest litigation work conference on the theme of "protecting the Yellow River Mother River," and promulgate 3 municipal prosecutors' "cooperation and cooperation working mechanism on public welfare litigation for the" Yellow River Mother River "ecological environment and resource protection" "Opinions", the protection area covers the Yellow River water resources, along the Yellow Forest, grasslands and wetlands, as well as the comprehensive management of desertification and soil erosion in the Yellow River Basin.

1 日,蓝田青年于垒(中)给陕西省人民检察院送去锦旗表示感谢 On March 1st , Lantian Youth Yu Lei (middle) thanked Shaanxi Provincial People's Procuratorate for sending a banner

、检察抗诉于垒 18 年维权得到公正判决 7. Prosecutors protested in 18 years and obtained a fair verdict in defending their rights

12 31 日,蓝田县洩湖镇唐沟村 9 岁男童于垒,与伙伴在一家停产的建材厂玩耍时,遭 10 千伏高压电击失去双臂。 On December 31 , 1999 , Yu Lei, a 9 -year-old boy from Tanggou Village, Xiehu Town, Lantian County , lost his arms after being hit by a 10 kV high-voltage electric shock while playing with a partner at a production building plant that was discontinued .

年春节刚过,于垒和父亲于广哲将国网陕西省电力公司西安供电公司、蓝田县洩湖镇人民政府、蓝田县洩湖五金建材厂诉至蓝田县法院,要求赔偿医疗费、护理费、伤残补助费等。 Just after the Spring Festival in 2000 , Yu Lei and his father, Yu Guangzhe, brought the State Grid Shaanxi Electric Power Company Xi'an Power Supply Company, the People's Government of Xiehu Town, Lantian County, and the Xiehu Hardware Building Material Factory in Lantian County to the court in Lantian County for compensation for medical expenses, Nursing expenses, disability subsidies, etc. Since then, Yu Lei has begun a long road to defending rights according to law. 8 次审理、审查,经历了一审、二审和再审 3 个审级,并向西安市人民检察院、陕西省人民检察院申请抗诉程序。 Yu Lei's personal injury compensation case was tried and reviewed 8 times by the court of Lantian County, Xi'an Intermediate People's Court, and Provincial High Court . It went through three trials of first, second and retrial , and applied to Xi'an People's Procuratorate and Shaanxi Provincial People's Procuratorate for protest. . 2 3 日,陕西省人民检察院向陕西省高级人民法院提出抗诉。 On February 3 , 2015, the People's Procuratorate of Shaanxi Province filed a protest to the Higher People's Court of Shaanxi Province. 4 月,陕西省高级人民法院对本案进行提审,经审判委员会讨论决定,本案发回重审。 In April 2015, the Higher People's Court of Shaanxi Province brought the case up for trial, and after discussion and decision of the trial committee, the case was returned for retrial. 2 月,蓝田县人民法院对本案重新立案审理后,判决国网陕西省电力公司西安供电公司赔偿于垒 108 万元,蓝田县洩湖五金建材厂赔偿于垒 15 万元,蓝田县洩湖镇人民政府对蓝田县洩湖五金建材厂应赔偿损失负连带责任,于垒共计获赔 123 万余元。 In February 2016, after the Lantian County People's Court reopened the case, it determined that the State Grid Shaanxi Electric Power Company Xi'an Power Supply Company compensated Yuli 1.08 million yuan, Lantian County Xiehu Hardware Building Material Factory compensated Yuli 150,000 yuan, and Lantian County leaked The Huzhen People's Government is jointly and severally liable for the losses that should be compensated by Xiehu Hardware Building Material Factory in Lantian County, and Yuli has received a total compensation of more than 1.23 million yuan. 2018 2 23 日作出终审判决,驳回上诉,维持原判。 After the judgment, the defendant appealed to the Xi'an Intermediate People's Court. The Xi'an Intermediate People's Court made a final judgment on February 23 , 2018 , rejected the appeal, and upheld the original judgment. 18 年漫长的诉讼,经省、市检察院的抗诉后,终于等来了公正判决。 At this point, Yu Lei's 18- year long lawsuit has finally waited for a fair judgment after the provincial and municipal procuratorates protested.

Comrade Li Ruilin, Police Officer of Xi'an Procuratorate

、西安检察官李瑞霖见义勇为事迹感动古城 8.Xi'an prosecutor Li Ruilin touched the ancient city with dedication

6 7 日上午 8 时许,西安市检察院检察官李瑞霖乘坐公交车前去上班,下车后步行前往单位,当行至西安市北二环与贞观路交叉口时,听到有人喊救命,李瑞霖快速冲上前去,只见一名黑衣男子胸腹部受伤,血流不止。 At 8 am on June 7 this year , the prosecutor of the Xi'an Procuratorate Li Ruilin took the bus to work and walked to the unit after getting off the bus. When he arrived at the intersection of North Second Ring Road and Zhenguan Road in Xi'an, he heard someone calling for help. Li Ruilin rushed forward and saw a black man with chest and abdomen injuries and blood flow. Another man in a gray shirt was holding a sharp knife in his hand and was about to stab at the man in black again. In a critical moment, Li Ruilin raised a shared bicycle on the roadside, ready to smash the murderer to stop him from continuing the murder. Seeing this, the assaulting man immediately turned to escape, Li Ruilin rushed forward and threw him from the back, tossing him to death with his own body, and quickly seized the knife. 110 报警电话和 120 急救电话。 Later, Li Ruilin, while stabilizing the wounded mood, told him to lie flat and keep breathing uniformly, and instructed the people nearby to help the wounded stop bleeding, while asking the people on the scene to help dial 110 emergency calls and 120 emergency calls. A few minutes later, the police rushed to the scene and controlled the murderer.

6 21 日,西安市委政法委发出通知,号召全市政法干警向李瑞霖同志学习。 Li Ruilin's deeds of charity touched countless people in the ancient city of Xi'an. On June 21 , the Political and Legal Committee of the Xi'an Municipal Committee issued a notice calling on the municipal police officers to learn from Comrade Li Ruilin. 9 日,省检察院研究决定为李瑞霖同志记个人二等功一次,并在全省检察机关开展向李瑞霖同志学习活动。 On July 9 , the Procuratorate of the Provincial People's Procuratorate decided to record the second-class merit for Comrade Li Ruilin once and carried out a learning activity from Comrade Li Ruilin in the Procuratorate of the whole province.

The Shaanxi Provincial Procuratorate Disaster (Yulin) Disaster Preparedness Center Project was awarded the "Top Ten Innovative Cases of Intelligent Politics and Law Intelligent Construction Inspection"

、陕西智慧检务获评全国十大创新案例 9.Shaanxi Wisdom Inspection was rated as one of the top ten national innovation cases

26 日,“ 2018 全国政法智能化建设研讨会”在北京举行,陕西省检察院的“陕西省检察机关异地(榆林)灾备中心”项目被评为“全国政法智能化建设智慧检务十大创新案例”。 On July 26 , the " 2018 National Politics and Law Intelligent Construction Symposium" was held in Beijing, and the "Shaanxi Prosecutor's Provincial Provincial Provincial Provincial Provincial Provincial Provincial Provincial Provincial Provincial Provincial Provincial Provincial Provincial Provincial Provincial Provincial Provincial Intelligence (Yulin) Disaster Preparedness Center" project was awarded as "National Intelligent Politics and Law Intelligent Construction Smart Inspection Ten Great Innovation Case. "

2336 ”工程(两个中心、三套网络、三个体系、六大平台)的建设内容之一,是陕西省检察院在最高人民检察院“六大平台”的规定动作外结合实际自建的项目,具有陕西特色。 The remote (Yulin) Disaster Recovery Center is one of the construction contents of the 2336 ” project (two centers, three networks, three systems, and six platforms) for electronic inspection in Shaanxi Province. It is the “six platforms” of the Procuratorate of Shaanxi Province at the Supreme People ’s Procuratorate. The project, which combines the prescribed actions with the actual self-construction, has Shaanxi characteristics. 2017 11 23 日正式运行以来,极大地提升了陕西省检察机关各类应用系统的可靠性和数据安全性,为智慧检务建设夯实了基础、提供了坚实的技术支撑。 The remote (Yulin) disaster recovery center has the characteristics of "autonomous controllability, security, stability, and cost-effectiveness". Since its official operation on November 23 , 2017 , it has greatly improved the reliability and data security of various application systems of the Shaanxi Procuratorate. It lays a solid foundation for the construction of smart inspection services and provides solid technical support.

5 月,商洛市检察机关开展打击侵犯知识产权犯罪普法宣传 In May of this year , the prosecutor's office of Shangluo City launched a publicity campaign to crack down on intellectual property infringement crimes.

、商洛办理的假冒注册商标商品案获评全国检察机关保护知识产权十大典型案例 10. The case of counterfeit registered trademarks handled by Shangluo was evaluated as one of the top ten typical cases of intellectual property protection by national procuratorates

4 月被最高人民检察院评为 2017 年度全国检察机关十大保护知识产权典型案例。 The Nie Zhongqiao and Wu Chuanxia cases of the sale of counterfeit registered trademarks handled by the Investigation and Supervision Department of the Supreme People's Procuratorate, Provincial Procuratorate and Shangluo City Procuratorate, Nie Zhongqiao and Wu Chuanxia handled by the Shangzhou District People's Procuratorate of Shangluo City were evaluated by the Supreme People ’s Procuratorate in April Top Ten Typical Cases of Intellectual Property Protection by National Procuratorates in 2017 .

4 月,被告人聂忠桥与杜国华(另案处理)商议在商洛市推销茅台酒。 In April 2016, the defendant Nie Zhongqiao and Du Guohua (separated in another case) discussed the sale of Moutai in Shangluo City. 5 月,杜国华以与贵州茅台酒厂(集团)有限责任公司有关系为诱饵,向商洛市金晖商贸有限责任公司法人代表麻浩奇推销茅台酒。 In May of the same year , Du Guohua used the relationship with Guizhou Moutai Distillery (Group) Co., Ltd. as a bait to sell Moutai to Ma Haoqi, the legal representative of Shangluo Jinhui Commercial Co., Ltd. Subsequently, Nie Zhongqiao and Wu Chuanxia forged false identity cards and signed a purchase and sale agreement for Maotai Liquor with Jinhui Trading Co., Ltd. 650 箱,合计 3900 瓶,销售金额 117 万元。 Subsequently, Nie Zhongqiao and Wu Chuanxia sold 650 cases of Feitian Maotai Liquor to Shangluo Jinhui Commercial Co., Ltd. through Du Guohua , totaling 3,900 bottles, with a sales value of 1.17 million yuan. 2951 瓶。 The batch of liquor was found after it entered the market, and the case handling agency recovered 2951 bottles. After inspection by Guizhou Moutai Distillery (Group) Co., Ltd., the batch of Moutai liquor is a product that infringes the company's exclusive right to use the registered trademark of "Guizhou Moutai".

4 28 日,商州区人民检察院对聂、吴二人批捕。 On April 28 , 2017 , Shangzhou District People's Procuratorate arrested Nie and Wu. 6 日,商州区人民检察院以涉嫌销售假冒注册商标的商品罪对聂、吴二人提起公诉。 On July 6 , the People's Procuratorate of Shangzhou District filed an indictment against Nie and Wu on suspicion of selling a counterfeit registered trademark. 10 22 日,商州区法院一审判处被告人聂忠桥有期徒刑四年,并处罚金 80 万元;判处被告人吴传霞有期徒刑二年,并处罚金 40 万元。 On October 22 of the same year , the defendant Nie Zhongqiao in the first instance of the Shangzhou District Court sentenced him to four years in prison and fined 800,000 yuan; the defendant Wu Chuanxia was sentenced to two years in prison and fined 400,000 yuan. After the sentence was pronounced, Nie Zhongqiao appealed. 12 25 日,商洛市中级人民法院终审判决:以销售假冒注册商标的商品罪分别判处聂忠桥、吴传霞有期徒刑三年六个月和有期徒刑一年,并各处罚金 80 万元和 40 万元;对二人财物 88.53 万元依法予以追缴,上缴国库。 On December 25 , 2017 , the Shangluo Intermediate People's Court made the final judgment: Nie Zhongqiao and Wu Chuanxia were sentenced to three years and six months in prison and one year in prison for the crime of selling counterfeit registered trademarks, with a fine of 800,000 yuan each. And 400,000 yuan; 88,853 yuan of two people's property were recovered in accordance with law and turned over to the treasury.

编辑:王瑾) (Contributed by: Publicity Department of Shaanxi Provincial People's Procuratorate, Editor: Wang Jin)



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