How to strengthen judicial exchanges in the eastern and western regions

How to strengthen judicial exchanges in the eastern and western regions

I, the necessity of regional cooperation in the western prosecutorial work

First, prosecutorial cooperation is the proper meaning of the rule of law, the inevitable trend of the development of the rule of law. Efficient and harmonious prosecutorial cooperation is the inherent requirements and basic features of the construction of the socialist rule of law, is the real realization of the judicial justice guarantee, but also to realize the value of the socialist rule of law is a necessary condition. As China's rule of law continues to promote the process of strengthening exchanges and collaboration between the prosecution has become a development trend of the rule of law. At present, many regions in China through various forms of forums, meetings and other ways to carry out a wide range of prosecutorial exchanges and collaboration, such as the Pearl River Basin provinces to carry out the Pan-Pearl River Delta Regional Procurator-General Joint Conference, Wuhan City Circle Procuratorate is also actively exploring to promote the collaborative mechanism, the Yu Xi Chuan East eight districts and counties of the Procurator-General signed the "Yu Xi Chuan East eight districts and counties of the Procuratorate Collaboration Agreement" and so on. The practice of these regional prosecutorial collaboration has proved that the strengthening of exchanges and collaboration between the prosecution has become a trend of inevitability.

Secondly, the function of the prosecuting authorities to play a role in the fight to curb the reality of crime. With the development of the economy across the west, various forms and levels of economic, information, cultural and personnel exchanges have become more frequent. Similarly, in the west, cross-provincial and regional crime cases in the proportion of cases investigated by the procuratorial organs is also increasing. The current serious crime situation and its cross-regional characteristics have repeatedly shown that ***winning procuratorial authorities must strengthen cross-provincial and cross-regional collaboration in procuratorial investigations if they are to play their functional role in effectively combating and curbing crime. However, at present, one of the biggest problems of the procuratorial organs in combating cross-regional crimes is the difficulty of obtaining evidence from other places. With the increase of cross-regional and cross-industry crimes, there are more and more cases in which the procuratorial authorities need to collect evidence from other places, but in the face of unfamiliar environments and people, it is not easy to collect evidence from the parties concerned, and it is even more difficult to collect evidence from enterprises. Therefore, due to the changes in the law enforcement environment and the crime situation, the previous model of prosecuting separately can no longer meet the current reality of prosecutorial work. Only cooperation can realize the prosecution work around the **** win, otherwise the local procuratorial organs can only be a scattered sand, difficult to form a crime-fighting synergy. Only to realize the efficient and pragmatic collaboration of the prosecution authorities around the west, in order to thoroughly and effectively combat and curb regional crime, maintain social stability and order, to ensure the good development of the western economy and society. Therefore, the cooperation of the prosecution is to combat crime, play the role of the prosecution function of the practical needs.

Third, the western region's economic development status quo needs. The western region due to historical and practical reasons for economic development than the eastern region is still relatively backward, the natural financial income of each place compared to some poor, which leads to the prosecution investigation and handling of funds is relatively tight. The reality of funding difficulties often constrain the development of local prosecutors, especially because of the lack of funds often make part of the cross-regional cases can not be successfully investigated. The reality of funding constraints not only means that the best time to investigate a case is missed, but also leads to a failure to combat crime in a timely and effective manner, bringing unnecessary losses to the interests of the State and the people. Therefore, the problem of funding has long been one of the biggest obstacles to the development of the prosecution service in the western region. In addition, due to the existence of financial problems, some regional procuratorates in other procuratorates to provide investigative cooperation in a variety of ways to charge a fee, which is highly detrimental to the long-term establishment of good cooperative relations between procuratorates, but also not conducive to the *** with the fight against trans-regional crime in the western region. For this reason, the issue of charging co-investigation fees has been expressly prohibited by the Supreme People's Procuratorate. There are two main ways to solve the funding problem, i.e., to open up resources or to cut down on expenses, and strengthening the collaboration of prosecutorial work in the western region is one way to cut down on expenses. Through the construction of an efficient and pragmatic mechanism of the western region prosecutorial exchanges and collaboration, to solve the problem of cross-regional information exchange and investigation collaboration of prosecutorial investigation, to a certain extent, it can effectively reduce the financial expenditure on the investigation of cross-regional crimes, save the investigation resources of the prosecutorial organs, and improve the efficiency of their investigations.

Second, the feasibility analysis of regional collaboration in the western region of the prosecution work

First, regional collaboration of the prosecution in line with the trend of the times. In the economic and information regionalization, globalization of the background, the construction of regional cooperation mechanism of the prosecution in line with the further containment of the fight against crime historical requirements, in line with the trend of development of the times. The current regionalization of the economy, globalization in the modern society to bring great prosperity, but also make all kinds of crime appeared the characteristics of cross-regionalization. Trans-regional crime will inevitably bring challenges to the original respective work of the prosecution, but the cross-regional crime situation continues to intensify the historical reality, but also for the strengthening of the western region of the prosecution work of communication and collaboration provides the historical conditions. Therefore, the western region of the procuratorial organs to seize the historical opportunity to vigorously promote the western prosecution of regionalized collaboration.

Secondly, the western region of the procuratorial organs to cooperate in the fight against trans-regional crime has *** the same interests and goals. *** the same interests and goals to pursue is the basis for any organization to establish a good cooperation mechanism between departments. Procuratorial organs in the western region share the same interests and goals in combating cross-regional crime. The *** same interest is the prosecution in the investigation, information exchange and other aspects of the prosecution of each other have similar needs for collaboration, while the fight to curb crime, maintain the stability and order of the western region, to ensure the economic development of the western region and social harmony and the western region of the prosecution of the **** the same goal. These **** the same interests and goals for the western region of the procuratorial organs to cooperate in the fight against trans-regional crime provides the basis for conditions. Established on the basis of *** same interests and needs of the exchange and cooperation mechanism is bound to be able to promote the western region of the exchange and cooperation between the prosecution, the maximum possible to play the prosecution in the fight against crime, to protect the interests of the state and the people as well as to maintain social harmony and other aspects of the function, and to improve the overall efficiency of the western region of the prosecutorial system.

Thirdly, there are certain legal and theoretical foundations for the strengthening of cooperation among the procuratorial organs in the western region. First of all, the supreme people's procuratorate in accordance with the criminal procedure law, the people's procuratorate rules of criminal procedure and other relevant provisions issued by the people's procuratorate investigation collaboration of the provisional provisions of the notice, between the local procuratorates on the investigation of the collaboration of the relevant issues to make the relevant provisions, such as "in the handling of corruption and bribery, infringement and dereliction of duty and other crimes of the procuratorate, in the event of the investigation of matters related to the people's procuratorate, really necessary to request the relevant people's procuratorate to be In the event that a procuratorate handling cases of corruption, bribery, infringement of rights and dereliction of duty or other functional crimes encounters matters related to investigation and has a genuine need to request the assistance of the relevant people's procuratorate, it may request collaboration in investigation. These provisions provide, to a certain extent, a framework reference and regulatory guidance for exchanges and collaboration between procuratorates in the western region in a wider scope; secondly, a large number of practices on inter-regional procuratorial exchanges and cooperation have broadened the channels of cooperation in combating crime, and enriched the material needed for regional cooperation studies by procuratorial authorities. At the same time, both the practical and theoretical fields of prosecution have already attached great importance to the theoretical research on prosecutorial work, among which research on prosecutorial exchanges and cooperation is also highly emphasized. The continuous enrichment and deepening of prosecutorial cooperation research can not only enrich the channels and choices of prosecutorial cooperation, but also more importantly will certainly provide a solid theoretical basis for the western region of the regionalization of prosecutorial exchanges and cooperation.

Fourth, the development of economy and modern technology has the necessary material conditions. With the development and popularization of modern technology, technological changes are affecting every corner of social life. Similarly, the western region of the Procuratorate can not be an exception, some of the modern technology has begun to enter the western region of the Procuratorate, and is gradually affecting the current work of the Procuratorate. Such as wireless communication, computer networks and other technologies are improving the exchange of information and communication between the prosecutor's office, advancing the integration of the prosecutor's office. In addition, as a result of the continued economic development of the western region, the budgets of the procuratorial organs are increasing, and the working environment and office facilities of the procuratorial organs have been improved. The solution of the funding problem of the procuratorial organs and the improvement of the hardware conditions*** have laid the necessary material foundation for the promotion of information exchange and investigation collaboration among the procuratorial organs in the western region.

Fifth, the western region of the exchange and collaboration of procuratorial organs is conducive to the maintenance of good economic and social development environment in the west. Pragmatic and efficient exchanges and collaboration between the procuratorial organs, is conducive to maximize the realization of the legal effect of the case and the organic unity of the social effect, *** with the creation of a good social security environment, standardize the market environment, clean government environment, a fair judicial environment for the economic and social development of the western region in a comprehensive, coordinated and sustainable development of the rule of law to provide a strong legal services and safeguards.

Sixth, international prosecutorial cooperation also provides an important reference for the construction of prosecutorial cooperation mechanism in the western region. In handling cases of judicial assistance, in accordance with the international conventions to which China has acceded and the judicial treaties it has signed, as well as the agreements on prosecutorial cooperation, the procuratorial authorities have strengthened cooperation with foreign judicial authorities in various aspects, such as the collection of evidence, transfer of custody, extradition, and the exchange of information. The number of mutual legal assistance cases handled is over 100 per year, and the number of cases involving Hong Kong and Macao averages over 400 per year. Through international judicial assistance in criminal matters, on the one hand, we have intensified the efforts to recover stolen goods and pursue fugitives abroad, safeguarded the judicial sovereignty of the State, and promoted the in-depth development of the fight against corruption; on the other hand, the procuratorial organs have collected and collated the judicial and procuratorial systems of more than 70 countries and anti-corruption laws and regulations of more than 60 countries, which have provided reference materials for the effective implementation of judicial assistance, casework investigation and procuratorial reform, and also accumulated rich experience in conducting procuratorial cooperation. It has also accumulated rich experience in prosecutorial collaboration. These practices and experiences of international exchanges and cooperation are of great revelation and reference significance to the prosecutorial collaboration in the western region.

Three, the western region of the basic concept of the mechanism of prosecutorial cooperation

Western prosecutorial regional cooperation mainly refers to the western region of the prosecutorial organs in the daily prosecution work and the handling of related crimes in accordance with the law, and other prosecutorial organs within the region to communicate and cooperate with each other, the exchange of information, investigation cooperation, and **** with the theoretical study of the work of the prosecutor and the exchange of personnel training. Of course, investigation collaboration is only a very important part of the western prosecutorial regional collaboration, but not all of the regional collaboration. Here the advocated procuratorial regional collaboration mechanism should be a broader concept, which not only includes investigation collaboration, but also includes *** with the procuratorial theory research, experience and information exchange, training of procuratorial personnel, and permanent collaboration and exchange of regulatory organizations. The purpose of constructing the Western Region Procuratorial Collaboration Mechanism is to promote research and exchanges related to procuratorial work, so as to better curb the fight against trans-regional crimes, maintain social stability and order, and ensure social harmony in the Western Region. The most fundamental basis for its construction is that the local procuratorates have **** the same interests and goals to pursue in the procuratorial work and investigation of crime cases.

Basic features of the western region prosecutorial cooperation mechanism:

1, to join the western region prosecutorial cooperation mechanism should be adhering to the principle of voluntariness. That is to say, whether a prosecutor's office to participate in the mechanism of the organization is not dependent on the external forces of coercion, but the prosecutor's office itself is willing to participate in it. The reason why we should adhere to the voluntary principle is that participation in the mechanism in the enjoyment of the right to cooperation, must bear the corresponding obligations. Voluntary can fully satisfy the autonomy of each prosecutor's office, and can avoid the refusal to undertake the obligation of exchange and collaboration after joining the mechanism on the grounds that they are not willing to join. In fact, the voluntary principle is the inevitable requirement of every successful cooperation mechanism, and only by adhering to the voluntary principle can the enthusiasm of the procuratorates be fully mobilized, but this voluntary principle is only valid in the question of whether to join or not. If you join, no matter who must comply with the relevant provisions of the cooperation agreement that has been signed.

2, the construction and operation of the western region procuratorial cooperation mechanism must comply with the provisions of laws and regulations. Prosecutorial cooperation mechanism in the western region of the various parts and links must be consistent with existing laws and regulations, which is a fundamental principle of the western region of procuratorial cooperation mechanism. In other words, the construction and development of the mechanism must be based on existing laws, and any practice that violates the existing laws of China is not allowed. The procuratorate itself is a legal supervisory organ, and also maintains the guarantee of judicial justice. If the cooperation mechanism carried out by itself are unable to act in accordance with the law, it will make the procuratorial collaboration mechanism will lose its significance and necessity of existence, but also will damage the legal image of the procuratorial organs in the western region.

3, the western region of the procuratorial cooperation mechanism to adhere to the openness. Openness refers to the cooperation mechanism is to a certain extent to the procuratorial organs outside the organization open, other organizations can be in some way or form of limited participation in which to build policy advice, in order to expand the collaborative mechanism of procuratorial research horizons; on the other hand, the so-called openness, but also refers to the mechanism is a mechanism for continuous development, it is not rigidly self-enclosed. With the changes in the law enforcement environment and collaboration needs, it is also in constant development and progress.

4, the western region of the procuratorial cooperation mechanism is based on equality and mutual benefit. Equality is one of the basic values of the modern socialist rule of law, and the Western Region Prosecutorial Collaborative Mechanism is also established on the basis of equality and mutual benefit. Each voluntary participation in this mechanism of the Procuratorate can equally enjoy the rights under the multilateral agreement on regional exchanges and cooperation, and bear the corresponding equal obligations. At the same time, any organization that fails to comply with the cooperation agreement should be subject to the necessary fair treatment, so as to restrain the behavior of each organization. Procuratorates should actively carry out mutual cooperation, exchange of information and other forms of communication and cooperation, on the basis of equality and mutual benefit, and constantly improve the level of cooperation between procuratorates, **** with the fight against trans-regional crime, maintain stability and order in the western region, to ensure the harmonious development of society.

Four, the prosecution of regional exchanges and cooperation multilateral agreement framework

The western region of the construction of the core part of the mechanism of prosecutorial exchanges and cooperation is to voluntarily join the prosecutor's office needs to sign a "western region of prosecutorial exchanges and cooperation multilateral agreement", which provides for the cooperation mechanism of the main objectives, principles, content, statutes, organizations and departments, and so on. The main objectives and principles have been mentioned above, and will not be repeated here.

1, the main contents of the cooperation agreement should include the following aspects:

(1) Strengthening business exchanges. By sending each other staff on study tours, holding seminars and utilizing the procuratorial information network, etc., we shall study and learn from each other's experiences and practices in fulfilling the duty of legal supervision in accordance with the law, safeguarding judicial justice and the unity of the rule of law, and serving the overall situation of reform, development and stabilization; deepening procuratorial reforms, and guaranteeing the fair exercise of procuratorial power in accordance with the law; and strengthening the construction of procuratorial teams, and improving the overall quality and level of law enforcement. The experience and practice in strengthening the construction of the procuratorial team and improving the overall quality and level of law enforcement.

(2) Strengthening information exchange. Use of modern technology management concepts to build a platform for information exchange and **** enjoyment. This platform should be fully open to the western region prosecutor's office, so that all parties can realize timely and effective information exchange and communication through this platform, such as mutual exchange of information on law enforcement practice, prosecutorial reform, mutual exchange of work bulletins, prosecutorial publications and related academic research results, mutual exchange of law enforcement reference materials.

(3) Strengthening case coordination. Prosecutorial collaboration in the western region is a large part of the work of investigative collaboration. It mainly refers to the investigation and handling of corruption and bribery, malfeasance and infringement of rights and other crimes in accordance with the law, the need to verify the case, investigate and collect evidence, take coercive measures, as well as search, seizure, recovery of money and other matters, in accordance with the law and the Supreme People's Procuratorate of the investigative collaboration of the relevant provisions of the notice, to provide each other with the maximum possible assistance. Such investigative collaboration is of equal and mutual benefit between procuratorates, and mutual assistance is a regular and customary form of procuratorial cooperation, while at the same time avoiding the diversified means of charging costs for assistance in investigations.

(4) *** with the construction of training bases, strengthen education and training cooperation. In the democratic process of the rule of law continues to advance, the legal literacy of all the people continue to improve the background, the western region of the grass-roots prosecutor's office personnel legal quality is relatively low, which is not conducive to the construction of a modern socialist society under the rule of law, but also makes it difficult to adapt to the current law enforcement environment in the western region of the changes. Therefore, it is necessary for the procuratorates in the western region to cooperate with the law schools in the western region, *** with the exploration of the establishment of mutual education and training to carry out exchanges and collaborative mechanisms, ways and means to give full play to their respective advantages in the faculty, places, information, experience and theory, etc., to realize the complementary advantages of the *** with the development. Procuratorial education to follow a scientific curriculum, timely update of the training content, close to the actual work of the prosecution, improve the relevance, and constantly expand the scope of training, strengthen the exchange of learning and interaction, as well as the organization of flexible and easy to slow down the contradiction between work and study of the basic principles.

2. The Federation of Prosecutors General of the Western Region. Multilateral cooperation agreement based on the establishment of the Prosecutor General's Association should be a spontaneous western region of the Prosecutor's organization, but also the western region of the Prosecutor's permanent coordination of exchanges and collaboration. Its main purpose is to guide exchanges and collaboration among prosecutors' offices in order to combat crime and maintain social harmony and stability through extensive exchanges with a view to achieving a sense of cooperation***. The main roles of the Federation of Procurators-General of the Western Region are: to coordinate cooperation among procuratorates, to improve the level of information exchange, to provide guidance on education and training, and to promote the study of procuratorial theories and legislation. Of course, like the nature of the Federation, funding, departmental structure, organizational links, daily operation and management of the specific operational details need to be further discussed and exchanged between the Procuratorate and the theoretical community in order to reach a **** knowledge.

3, forum meetings. Forum meeting is an important part of the western region prosecutorial exchanges and collaboration, which can be around the Procuratorate, the legal profession to provide each other with exchanges, learning, deepening the research platform, but also between each other to further establish an important opportunity for cooperation. In fact, many regions at home and abroad are in the form of regional prosecutorial collaboration forums, such as the Western Rule of Law Forum, the Pan-Pearl River Delta Regional Prosecutors General Joint Conference, the Shanghai Cooperation Organization Member States Prosecutors General Conference and so on. These forums and conferences in the existence and development of the prosecution to strengthen the exchange with the national legal community, learning, expanding the horizons of an important opportunity to enhance the capacity and level of China's prosecutorial theory and research, deepen prosecutorial theory and research, but also to expand the influence of China's prosecutorial theory and research. Procuratorial forums and conferences to a certain extent for the practice of judicial cooperation provides a positive and favorable impact, expanding the inter-regional channels of prosecutorial cooperation. It can also be said that various forms of prosecutorial forums and conferences are the first step in establishing regional prosecutorial collaboration, the beginning of the development of communication and collaboration, which prepares the conditions for further enhancement of the level of cooperation.

Any perfect theory cannot be separated from the test of practice; any successful practice cannot be separated from the guidance of theory. Only in the interaction of mutual testing and guidance can we achieve a "win-win" situation. Regional prosecutorial exchanges and collaborative theory and practice will also be Division, that is, the need for more in-depth research, and through the practice of judicial collaboration to constantly test the theory of these related prosecutorial collaboration, so that the practice and theory to form a benign interactive relationship, the western region of the Procuratorate collaborative mechanism to overcome the shortcomings of the gradual improvement.

This paper I wrote, although it is copied, but it is not bad, I hope to help you.