What message does the case of the Supreme Law and the highest checkpoint name convey?

The cases of the Supreme Law and the highest checkpoint name sent a strong message to the society.

On the afternoon of March 9, the first session of the 13th National People's Congress held a plenary meeting to hear and consider the work reports of the Supreme People's Court and the Supreme People's Procuratorate.

As in previous years, the "two high" report has never been just a matter of the two sessions. The report continues to attract the attention of all parties, and even has begun to discuss whether the support rate of this year's "two highs" report will reach a new high. This phenomenon provides a vivid sample for us to interpret the process of rule of law in China.

give exact information

Let me talk about one detail first.

When Zhou Qiang, President of the Supreme People's Court said in his report that "a series of cases of infringing upon the reputation rights of the five strong men of Langya Mountain will be tried according to law, and the heroic image will be resolutely safeguarded", applause broke out at the meeting.

Zhou Qiang went on to point out that "hearing the case of doctor's elevator discouraging smoking and the case of Zhu Zhenbiao chasing the hit-and-run driver according to law will encourage the behavior of safeguarding the law and public interests, make the courageous people dare to act, establish a code of conduct for fair trial, and lead the social fashion". The words sound just fell and applause rang again.

Yes, with the development of economy and society, people's awareness of rights and the rule of law is also increasing. Therefore, many cases, although seemingly unrelated to themselves, are closely related to the hearts of the whole people. This reflects the emotion behind the case.

Imagine that if the reputation of martyrs is insulted and trampled, not only will the soul of heroes have nowhere to put, but the country will gradually decline in historical nihilism. If we discourage smoking in the elevator, we should also bear legal responsibility. It will not only dampen the enthusiasm of citizens to safeguard public interests, but also deviate from the legislative purpose of civil law.

Pahlman, a famous jurist, pointed out, "How can something that can't arouse people's unshakable loyalty to the law have the ability to make people generally willing to obey the law?"

It is true that if the implementation of the rule of law cannot be supported, recognized and followed by the people, there will naturally be internal tension between the rule of law and the people, and the rule of law is tantamount to oil and water for society and difficult to integrate. Without popular support, the rule of law will lose its foundation for survival.

The case of elevator discouraging the elderly from smoking was changed in the second instance.

data

Data is the highlight of the "two highs" report in recent years.

Taking the punishment of malicious unpaid wages as an example, the work report of the Supreme Court shows that courts in various places have popularized the experience of courts in Henan, Hunan and Sichuan in solving the wage difficulties of migrant workers, and recovered "hard-earned money" of 29.44 billion yuan for migrant workers in the past five years. According to the five-year data given by the Supreme People's Procuratorate, 7,957 people were prosecuted for refusing to pay labor remuneration, and 9 176 people were prosecuted for supporting migrant workers.

In terms of eliminating evils, in the past five years, local courts have concluded major accidents and dangerous driving cases 1, 27 1, and concluded drug crimes cases 57 1. In the past five years, the procuratorial system has prosecuted a total of 8932 people for crimes committed by underworld organizations, and 333 state employees have been placed on file for investigation for acting as "protective umbrellas" for evil forces.

In the field of ecological protection, in the past five years, the procuratorial system has handled1.3000 public interest lawsuits in the field of ecological environment, urged 5972 enterprises to rectify, and urged the restoration of the total area of polluted and destroyed cultivated land, forest land, wetlands and grasslands1.4300 hectares. Over the past five years, local courts have concluded 487,000 environmental civil cases, and tried 1. 1.00 million cases of compensation for ecological environment damage according to law.

The results were gratifying, and the dirty clothes were not covered up.

According to the report, in the past five years, the procuratorial system severely punished 2,089 prosecutors who violated discipline and law, including the Supreme People's Procuratorate 1 1, and 543 people violated the spirit of the eight central regulations. Seriously investigate the responsibility of 53 1 leading cadres for dereliction of duty and oversight. Courts at all levels investigated and dealt with police officers101person who violated the spirit of the eight central regulations, and seriously held accountable court leading cadres 1762 people who failed to perform their duties. The Supreme People's Court investigated and dealt with 53 police officers who violated discipline and law in our hospital, and courts at all levels investigated and dealt with 3338 police officers who exercised the power of trial execution, of which 53 1 person was transferred to judicial organs.

Through each set of figures, we can not only see the positive actions of procuratorial organs in the judicial field, but also more vividly present the true weight of "trying to make the people feel fair and just in every judicial case"

special case

Coincidentally, the "Two Highs" report also mentioned Yu Huan's intentional injury case, Huggieler's design case, Nie Shubin's case, Xu Yuyu's fraud case, "e-renting treasure" case, Yang Xiuzhu's case and "Fast Broadcast" company's profit-making case of spreading obscene articles ... * * * 15 cases.

Most of these cases have been discussed before. Such as Yu Huan's intentional injury case.

Regarding Yu Huan's case, he strongly commented that in the trial of Yu Huan's intentional injury case and other cases of social concern, it is necessary to strengthen the interpretation of the law by case, which not only reflects the legal scale, but also reflects the judicial temperature, realizes the organic integration of jurisprudence and emotion, and makes the trial of hot cases an open class of rule of law enjoyed by the whole people. Procurator-General Cao Jianming also pointed out the performance of procuratorial organs-attaching great importance to supervision by public opinion, speaking out in time on hot and sensitive cases such as Yu Huan's intentional injury case exposed by the media, conducting in-depth investigation, supervising according to law, and safeguarding judicial justice.

Another example is fraud in Xu Yuyu.

Xu Yuyu, a freshman admitted to the college entrance examination in Linyi City, Shandong Province, pretended to be a staff member of the education and finance departments and Chen Wenhui and others to defraud the tuition fee of 9,900 yuan by telephone. After Xu Yuyu called the police, grief and indignation led to sudden death.

Once the case was exposed, it immediately attracted the attention of the people. Taking this opportunity, the procuratorial organs and the Ministry of Public Security jointly supervised 62 major cases, including the "Xu Yuyu case", and prosecuted 5 1 10,000 people for telecommunication network fraud in two years. Courts in various places concluded telecommunication network fraud cases1.1.

The case seems trivial, but it is the cornerstone of justice. It is like a node, connected with the context of the rule of law, showing the changes of the times. At the same time, it links the past with the future, tells us what needs to be abandoned and what needs to be absorbed, and promotes the metabolism of society.

This is the driving force for the progress of the rule of law.

system

Not surprisingly, unjust, false and wrong cases have once again become the object of reflection of the "two highs".

Qiang pointed out that in the past five years, courts at all levels have insisted on seeking truth from facts and must correct mistakes. With the attitude of being responsible for the law, the people and the history, we found and corrected 6,747 criminal cases together, and corrected 39 cases, including the Huggieler pattern and the Nie Shubin case, with 78 people.

Procurator-General Cao Jianming pointed out that in retrial cases such as Nie Shubin, Hugue Gilles pattern and Wang Lijun's purchase of corn without a license, procuratorial organs set up task forces at the same time to re-examine the evidence and clearly put forward corrective opinions. First of all, we should deeply reflect on ourselves in the unjust, false and wrong cases, investigate the responsibility of lax control in the process of arrest and prosecution, and learn a painful lesson.

This kind of reflection is not only case-based, but also institutional.

20 16 10 the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of public security and other departments jointly issued the Opinions on Promoting the Reform of the Criminal Procedure System with Trial as the Center, implementing the principles of a legally prescribed punishment for a crime, no suspected crime, evidence adjudication and trial center, clarifying the central position of the trial procedure in criminal proceedings, preventing illegal acts such as extorting confessions by torture and obtaining evidence from the source, and ensuring that the trial can find out the facts.

After the 20 16 Xu Yuyu case, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security issued the Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunication Network Fraud in June of the same year, which provided a clearer legal basis for severely punishing telecommunication network fraud cases.

20 14 After the environmental pollution incident in Tengger Desert, the Supreme People's Court issued the Interpretation on Several Issues Concerning the Application of Law in the Trial of Environmental Civil Public Interest Litigation in May of the following year, stipulating that social organizations can file environmental public interest litigation, environmental public interest litigation cases can cross administrative divisions, and private interest litigation with the same environmental pollution behavior can take a ride in public interest litigation.

expect

On the morning of March 10, when the Sichuan delegation was deliberating the work report on the "two highs", Cao Jianming said frankly that it took courage to wrongfully and openly admit to the society that mistakes had been made.

This kind of courage is the self-cultivation of the judicial organs, and it is also an inevitable move to conform to the times. Especially after entering a new era, people's demand for a better life is more extensive, and their expectations for fairness, justice and the rule of law are naturally higher. This expectation forces the rapid development of the rule of law, responds to people's demands, and highlights the significance of governing the country according to law.

When Nie Shubin, Huggieler and Gu, once sensational and unknown names, are mentioned in the "Two Highs" report, readers will also recall the grief, relief and emotion in the whole process of the case. In the era of interaction between justice and public opinion, the essence of justice is to respond to people's demands for fairness and justice.

When the law is enforced, the country will be governed, and when the law is relaxed, the country will be in chaos. The rule of law is usually defined as a sacred existence in classical literature and described as a system of rules and meanings that affect the fate of a country. Among ordinary people, the rule of law is not only a talk after dinner, but also the armor of daily life.

Therefore, when the "two highs" report is carefully read by the masses and screened by the Internet, what we see is actually the people's increasing expectations for the rule of law. At present, the rule of law has become common sense in China. For a long time, the rule of law is not only an important ruling task that the country (or government) cares about and engages in, but also a cause for all members of society to achieve common beliefs and justice.

Where there is the rule of law, there are people's hearts and beliefs.