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Release time: November 26, 2019

月上旬,省院机构改革完成,我由原侦监部门调整到第二检察部工作。 In early June of this year, the institutional reform of the Provincial Court was completed, and I was transferred from the original investigation and supervision department to the work of the Second Procuratorate. The second procuratorial department is responsible for reviewing arrests, reviewing prosecutions, appearing in court to support public prosecutions, protests against crimes against national security and public safety, deliberate homicide, robbery, and drug crimes that are handled by provincial procuratorates as required by law. Trial supervision and supplementary investigation of related cases, handling related criminal appeal cases under the jurisdiction of the provincial court. He has been working in the Second Procuratorate for nearly half a year. He has sponsored one case of the second instance appeal for death penalty and assisted in handling two cases. Although the number of cases is not large, he is deeply touched.

无救济则无权利。 There is a saying in ancient Roman law: there is no right without relief. In the context of the two-trial final trial system, the second criminal trial provides remedies for the procedural and substantive rights of the defendants of the first trial. It is the last barrier to human rights protection and the farthest place where the country's right of prosecution can be reached. The review of second-instance cases is not limited to the content of the grounds of appeal. It is a comprehensive and strict review of the facts, trial procedures, evidence determination, and application of law in the first instance or the trial of the first instance. From this perspective, the review of second-instance cases There is no essential difference in the normative requirements of the first-instance case review, so how to do a comprehensive review of the second-instance case and realize the functions of right relief and protection, error correction and error prevention, and unified justice in the second-instance case. Do the following three things.

The first point: endless learning. Well-being not only comes from material benefits, but also largely from spiritual satisfaction. Learning is always an important way to meet spiritual needs, and it gives us a source of thought. Prosecutors emphasize lifelong learning and force you to do so. It ’s hard to study. I do n’t think many people are born with a love for learning. Although many people say that they learn every day, they may not even have books. But at least in the procuratorial organs, as long as you want to do a little bit, you face It ’s a year-round exam, a month-by-month study, and a little new law. The new explanation will be the whole school, all the studies, please experts, find scholars, so that your ears are cocoon, after listening to it, finally tell you to ensure learning The effect may have to be tested again. Some people may say that these are passive learning without mobilizing initiative, but looking back at your own growth history, it seems that there are not many days of active learning. Even if you study passively, after a long time, you actually find that your professional knowledge seems to be in Get in the post !

Second point: noble feelings. The review of death penalty cases is always considered to be numerous and numerous. It seems that the practitioners are monolithic and cannot tolerate any personal feelings, but this may be the biggest misunderstanding of criminal prosecution. In fact, criminal prosecution work, especially the review of death penalty cases, is easier to realize. Prosecutors who have handled criminal cases know that the final outcome of a case depends largely on the prosecutor's review work. The details can have a huge impact on others. Prosecutors do much more than what is stipulated in the "List of Duties". A thoughtful prosecutor can use his power to do a lot of things that society expects him to do, and he can only do it. Things. In this sense, procuratorial work can never be replaced by machines and software, because this work requires feelings, and machines do not.

The third point: public opinion response. In a society ruled by law, a specific case may gather the attention of the general public in a short period of time. “静待花开,就是相信它一定会开。” Legal professionals analyze cases based on their knowledge of legal theory, and the general public express their views on cases with their simple ethical concepts. This is the norm in a society ruled by law. We should become more familiar with this, and we must also be patient. The two concepts of "confidence" and the society's attention to the rule of law are better introduced to the rational track, so that the spring breeze of the construction of the rule of law is more "moisturizing and silent", to give justice to the patient, have confidence in the rule of law, there is a good saying : "Waiting for flowers to bloom is to believe that they will bloom."

(Author: Shaanxi Provincial People's Procuratorate second Department of Public Prosecutions Zhouxing An Editor: Zhu Changying)

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