Supreme People's Procuratorate Work Report

Supreme People's Procuratorate Work Report,delivered by Jia Chunwang, procurator general of the Supreme People's Procuratorate, at the 4th Session of the 10th National People's Congress, in Beijing on 11 March 2006

Xinhua Domestic Service
Friday, March 24, 2006

Beijing, 19 Mar (Xinhua) -- Work Report of the Supreme People's Procuratorate, delivered by Jia Chunwang, Procurator General of the Supreme People's Procuratorate, at the Fourth Session of the 11th National People's Congress on 11 March 2006

Fellow deputies:

On behalf of the Supreme People's Procuratorate (SPP), I am going to present to you the report of its work. Please examine it. I also would request members of the Chinese People's Political Consultative Conference (CPPCC) National Committee to present their views on the report.

In 2005, the SPP, under the guidance of Deng Xiaoping Theory and the important thinking of the "Three Represents," acting on scientific development concepts and the requirements stated by the Third Session of the 10th NPC, headed local and specialized people's procuratorates at all levels to loyally discharge their constitutional and lawful responsibilities; and we made new advances in discharging our procuratorial duties.

1. We Tightened up Our Lawful Supervision Surrounding the General Situations of Reform, Development and Stability

Obeying and serving the party and state operations, procuratorial bodies across the country regarded serving development, which is the top priority, the starting point and the goal of their work. Profoundly practicing the main theme, namely "intensifying legal supervision to safeguarding fairness and justice," and following through the general requirement, namely "working harder to improve the efficiency of law enforcement and improve procuratorial efficiency," we made extra efforts to improve our ability to provide more efficient legal supervision, working hard to create a harmonious and stable social environment and a good environment of law for economic and social development.

(1) To Safeguard Social Stability, We Lawfully Discharge Our Responsibilities of Issuing Arrest Orders and Prosecuting Criminal Suspects

Stability is an important prerequisite for reform and development, and it is the foundation of social harmony. Procuratorial bodies at all levels always placed the maintenance of stability at a prominent position and, giving full scope to their responsibilities of arresting and prosecuting criminal suspects, ensured social stability and order and enabled people to live in peace and work in contentment.

We punished all forms of crime according to law. To suppress serious crimes, we firmly cracked down on crimes that endangered national security, serious violent crimes, crimes committed by criminal syndicates and vicious forces, and recurring crimes of encroaching upon others' money, such as robbery, seizure, and theft. We divided work with investigative bodies and courts, worked in coordination with them, and kept watch of each other's work. While issuing orders to arrest criminal suspects and prosecuting them, we made sure that the arrests and prosecutions were based on facts and evidence, that proper procedures were followed and proper laws were applied to make sure that our crackdowns were surefooted, accurate and relentless. In 2005 we approved the arrests of 860,372 criminal suspects of all descriptions and prosecuted 950,804 criminal suspects -- figures which were respectively 6.1% and 9.6% higher than the figures the year before. We also tightened up our efforts in cracking down on those crimes that undermined the market's economic order, such as smuggling, financial frauds and raising money illegally. We approved the arrests of 21,193 criminal suspects of these natures and prosecuted 24,950 suspects. These figures were respectively 3.8% and 12.5% higher than those the year before.

We earnestly followed the policy of handling crimes leniently and strictly according to their different natures. For the serious crimes, we firmly cracked them down and arrested and prosecuted the suspects expeditiously and handled them the way they deserved. For the less serious crimes, for adolescents whose offenses were minor, for the first offenders and for those who committed crimes accidentally or by mistake, we followed the policy of educating, enlightening and redeeming them and exercised caution in handling their arrests and prosecutions. Instead of arresting and prosecuting people needlessly, we leniently handled those who deserved lenient treatment. In 2005 we re-arrested 12,686 suspects and re-prosecuted 8,646 others who should be arrested or prosecuted but were not. According to law, we decided not to arrest 29,334 suspects and release them on bail, and we decided not to prosecute 14,939 others whose minor offenses could no little harm to society. For them, we stated our views and referred them to authorities concerned for handling.

We actively participated in comprehensive management of public offenses. To create a peaceful social environment, we worked with departments concerned in waging ad hoc moves against narcotics use and gambling, in controlling order in school neighborhoods and crime-prone areas, and in improving crime-control systems in society. To prevent and reduce lawless acts, we started to explore a system under which cases of crimes committed by juveniles and adults together would be prosecuted separately, and tightened up our efforts to educate and redeem wayward juveniles and supervise communities' measures for correcting them outside prison.

(2) SPP Discharges Its Responsibilities of Investigating and Preventing Job-related Crimes To Promote Honest Management and Fight Corruption

Job-related crimes continued to recur quite often in certain trades and spheres in recent years. The amounts of money involved were growing, the means the perpetrators employed were more secretive, and the number of absconders increased. Because of this, procuratorial authorities came up with new investigative mechanisms and operating methods to improve abilities to discover and prosecute job-related crimes. Doing so deepened the operations of prosecuting job-related crimes. In 2005, SPP established files for prosecuting 41,447 state functionaries suspected for corruption, accepting bribes, negligence of duty and infringement of rights; and prosecuted 30,205 of them after investigating the cases.

We tightened our efforts in prosecuting the important criminal cases. Procuratorial bodies at all levels made the prosecution of large and important cases, cases taking places in certain trades and spheres that had society's attention, cases of crimes that hurt the people's vital interests, and cases of crimes that caused losses of state assets as priority job-related crimes to be handled. Upper procuratorial bodies have tightened up their efforts in directing and coordinating the prosecution of these cases. By prosecuting cases, supervising the prosecution of selected cases, participating in handling certain cases, and referring certain cases to procuratorial bodies in different localities, SPP, by pooling the resources, cracked a large number of cases that had created great social impacts. In 2005, SPP set up files to investigate 8,490 state functionaries each of whom was suspected for accepting bribes of over 100,000 yuan or embezzling public funds of 1 million yuan or more; established files for investigating 2,799 county-level and higher state functionaries, including 196 bureau-level functionaries and eight provincial-level functionaries; established files for investigating 7,805 personnel suspected for committing crimes in financial, educational, medical, power, land, and communications professions and trades; set up files for investigating 9,117 personnel suspected for dividing, embezzling and misusing state assets; and set up files for investigating 1,931 grassroots officials suspected for corruption and embezzling public property. We also tightened up our efforts in recovering stolen money and captured 703 people -- 14.5% higher than the 2004 figure -- suspected for committing job-related crimes; and recovered more than 740 million yuan of stolen money and illegal incomes -- a figure that top that of the year before by 62.9%.

We improved our procuratorial operations to make them more efficient. We made it sure that the legal effects of our operations were in unity with their social effects, and the lawfulness of our operations was in unity with our services. We strictly differentiated what was crime and what was not, carefully approached the new situations and new problems cropping up during the course of reform; carefully used closing, withholding and freezing measures to safeguard the production, business operations and order of units where crimes occurred. In case an accusation was found to be a trumped-up charge, we immediately clarified the situation to redeem the unit's reputation. When the party concerned and its family members questioned the way a case was handled, we would patiently explain the case to them. We strictly followed the conditions set for establishing a file for investigation, appraised the way a case was handled, tightened up internal and external supervision and standardized the various procedures of law enforcement. Doing so has improved the efficiency of our procuratorial operations. Compared with the 2005 figures, the number of cases of job-related crimes prosecuted in 2005 grew 4.4 percentage points; the number of people found guilty grew 5.6%; and, of the number of prosecution files set up, the number of cases in which the parties concerned were found guilty increased 6.3%.

We also made efforts to prevent job-related crimes by taking advantage of our functions. We propagated laws and warned the public about the consequence of breaking the law, doing so by citing real cases and holding exhibitions about punishing and preventing job-related crimes. In addition to analyzing the causes of job-related crimes, the special features and the laws (gui lu) of these crimes, we worked with departments that managed professions and trades to take preventive measures against commission of crimes during the course of handling large public investment projects and key construction projects. Altogether we put forth 19,015 proposals for preventing job-related crimes. On the basis of the experiences gained from launching pilot projects, we worked with 13 central ministries, commissions and trade departments in setting up a system of records about bribery crimes in construction, financial, educational, medical, health and government procurement areas. The system with information accessible by the public played a positive role in preventing briberies and in building a credit system in society.

(3) Safeguarding Judicial Justice Through Discharging the Responsibility of Supervising Litigious Activities

Tightening up legal supervision and maintaining judicial justice are essential for safeguarding social justice. Procuratorial bodies at all levels have made constant efforts to heighten their sense of supervision; made efforts to improve their abilities to exercise effective, legal supervision with daring; and work hard to hold guilty parties accountable, to protect the innocents, and to enforce the law strictly, objectively and impartially.

We tightened up our efforts in supervising the establishment of prosecution and investigation files. With respect to supervising the establishment of prosecution files, we, while supervising and correcting those problems of failing to set up the files that ought to be set up and failing to investigate crimes, or imposing fines in lieu of imprisonment, prompted investigative departments to re-establish 17,940 files. On the other hand, we corrected the problems of abusing the use of criminal measures to intervene in civil disputes over economic matters and problems of setting up files illegally, and we made sure that investigative departments retract the investigation of 3,737 cases. To safeguard the litigation rights of parties concerned, we, while supervising investigations, gave priority to tightening up the supervision over those problems about seriously violating legal procedures and violating human rights. In 2005, SPP decided not to approve the arrest of 19,957 people and not to prosecute 7,366 others who should neither be held criminally accountable nor was there enough evidence against them. SPP also stated its views on 7,845 occasions to correct lawless behaviors, such as using coercive measures during investigations.

We also tightened up supervision over court trials. While supervising the trials of criminal cases, SPP, strictly abiding by established standards, made greater efforts to contest certain verdicts more efficiently. In 2005, we contested 2,978 verdicts that exonerated the guilty parties or that commuted their penalty; and on 1,865 occasions we stated our views to correct illegal trials of criminal cases. While supervising civil and administrative lawsuits, SPP contested 12,757 incorrect verdicts. SPP also requested courts to activate the procedures of retrying 5,192 cases. As for people's court's correct rulings, SPP paid attention to persuading the appealers to obey the verdicts and stop appealing. The 5,095 appealing cases the SPP succeeded in convincing the defendants not to appeal their cases accounted for 73.9% of the number of appeals of civil and administrative lawsuits that procuratorial bodies accepted to handle.

SPP also tightened up its supervision over execution of penalty and control of inmates. To safeguard the legitimate rights and interests of those held in custody, SPP explored the possibility of establishing a system of informing them about their rights, including their right to talk to prosecutors by appointment, and a system of accepting their accusations and appeals. In 2005, SPP stated views on 8,625 occasions to correct illegal commutations of sentences, paroles, medical paroles, executions of verdicts, interviews, correspondence, and acts of bringing detainees to trial. SPP also tightened up supervision over problems of extending investigation and detention periods and created efficient mechanisms with long-term effects for preventing extension of detention. As result of the efforts made by departments concerned, SPP effectively stopped the phenomena of extending detention of detainees. The number of detainees who were detained longer than permitted declined from 4,947 in 2004 to 271 in 2005.

(4) Ad Hoc Operations Launched To Make Supervision More Efficient

To better serve the party's and the state's central tasks and address the masses' strongest complaints and problems that impacted social harmony and stability, SPP launched nationwide ad hoc operations of supervising law enforcement and the operations yielded good results. 1) Because of the noticeable crimes in certain areas -- such as manufacturing and selling counterfeited and inferior foodstuffs, pharmaceuticals and agricultural supplies as well as forging registered trademarks and infringing on copyright -- SPP continued to supervise the work of setting up files for cracking down on crimes of manufacturing and selling counterfeits and violating intellectual property rights. We submitted to administrative and law enforcing departments a total of 1,286 requests to transfer suspects to investigative departments; and we also supervised these departments to make sure they set up the 1,045 files needed for investigating the suspects. 2) To safeguard human rights, we proceeded with our ad hoc investigations into those cases about state functionaries' violation of human rights; and we set up files for investigating 599 cases about violating citizens' personal and democratic rights, such as people being illegally detained and tortured and acts of undermining elections. 3) In view of the problems exposed by those frame-ups and fabricated cases discovered in recent years, SPP launched a special project of overseeing investigations in order to prevent wrongdoings, especially extortion of confessions by torture. We stated views on 598 occasions to correct the problems of extorting confessions by torture and to stop other lawless forms of obtaining evidence, and set up files for investigating 110 cases of such wrongdoings. 4) We actively took part in improving and regulating markets' economic order, launched ad hoc project of prosecuting those who neglected their duties of stopping people from undermining the socialist market's economic order, and set up files for investigating 1,666 cases about enormous economic losses as result of power abuse, negligence of duty, and acts of bending the law for the benefits of relatives and friends. We actively worked in coordination with departments concerned in investigating and handling serious safety incidents and environmental pollutions in certain areas, and prosecuted a number of criminal cases of negligence of duty and trading power for money. SPP directly intervened in investigating and handling 11 serious incidents and has set up files for prosecuting 52 people who should be held accountable. 5) On the basis of the initial success achieved in handling law-related petitions in 2004, SPP again launched a special project of handling petitions relevant to procuratorial operations. A system was set up under which a day was set aside for chief procurators to meet with petitioners and responsibilities were assigned for handling petitioners' accusations and appeals. Under this system, leading procuratorial officers and other personnel were assigned to handle at specific time the 12,808 cases that disagreed with procuratorial bodies' decisions of handling petitions. In 2005, SSP finished handling 10,765 of these cases, including 9,110 of them in which SPP succeeded in advising the petitioners to discontinue their petitioning. Because of the system, an overwhelming majority of the petition-related cases were properly and lawfully handled.

2. Efforts Are Made To Build Teams of Procuratorial Officers and To Improve Law Enforcement Efficiency

Procuratorial bodies at all levels made it a practice to regard training of procuratorial personnel a constant strategic mission to accomplish. We made strict, impartial, civilized and honest law enforcement our goal. Then, with specific objectives in mind, we proceeded to tighten up education, management and supervision, paying special attention to addressing those outstanding problems relevant to training of procuratorial personnel and procuratorial operations. Doing so further improved procuratorial personnel's competency and law enforcing efficiency.

(1) To improve procuratorial personnel's competency, we educated them on the need to maintain the advanced nature as communist party members. We also carried out among them special rectification-and-reform activities relevant to "standard, impartial law enforcing behaviors." With respect to education on advanced nature, procuratorial bodies at all levels organized the vast majority of communist party members to study Deng Xiaoping Theory and the important thinking of the "Three Represents," ferret out those conspicuous problems incongruous with the party's requirements; dissect those problems in light of communist party members' beliefs, sense of mission, discipline, and work style; and we made sure they upheld the law enforcement concept that procuratorial work is work that serves the public, and that procurators are the people who enforce the law on behalf of the people. To deepen the education on advanced nature and consolidate the education results, we, working in conjunction with procuratorial bodies' actual situations, also launched the rectification-and-reform activities with the theme on "standardizing law enforcing activities and promoting impartial law enforcement." SPP made such law enforcing operations as investigating and prosecuting job-related crimes, supervising investigations, and prosecuting civil and administrative cases its rectification-and-reform priorities; and dissected and analyzed the classic wrong cases discovered in recent years. We also reexamined those problems in the procuratorial link -- such as careless verification of evidence, lax controls, and lack of oversight -- and selected and printed five cases and distributed them to procuratorial bodies across the country as their teaching material to be studied and reflected on. Procuratorial bodies, beginning with those cases of lawlessness and indiscipline and petition cases having to do with procuratorial bodies in their regions and units, came up with measures and deadline for correcting such problems as uncivilized and unjust law enforcement behaviors and prosecution of cases without regard to laws and regulations. On that basis, we screened all the original regulations and rules and drew up a set of new and improved regulations and rules that have standardized law enforcement procedures, greater law enforcement responsibilities to bear, and more effective supervision and control. SPP also retrained all procuratorial personnel on skills that different jobs required, regulations and rules, law enforcement procedures, and work discipline; and then examined and evaluated their performance. During the course of training, we retrained more than 85,000 prosecutors from operational departments, and upper procuratorates organized 275 procuratorial personnel, who had committed serious mistakes since 2003, to undergo retraining while having their jobs suspended. To train high-level personnel and encourage procuratorial personnel to pursue studies, SPP, through evaluations, promoted 42 to become procuratorial experts. As result of the education on advanced nature and the special rectification-and-reform activities, procuratorial personnel heightened their awareness of enforcing law fairly, as well as their political awareness and operational abilities and sense of work ethics, producing a large number of advanced procuratorial personnel like Wang Shutian and Bai Yun, who have the interests of the people in their hearts and who enforce the law on behalf of the people. In 2005, provincial and higher procuratorates commended 1,711 collectives and 2,809 personnel. As result of the continuous efforts made to build stronger teams of procuratorial personnel, phenomena of lawlessness and indiscipline among procuratorial personnel declined year after year. In 2005, 292 procuratorial personnel were disciplined for violating the law. The figure was 15.4% lower than that of the year before. Of these 292, 23 were held criminally accountable.

(2) Procuratorates at all levels built stronger leading groups. To build stronger ranks of procuratorial personnel through building stronger leading groups, we made great efforts to strengthen leading groups' ideological and organizational construction and work style. Upper procuratorates strengthened their management, supervision and evaluation of the lower procuratorates and worked with local party committees in adjusting those weak, lax and listless leading groups. Efforts were made to heighten leading cadres' political awareness and operational proficiency, and to tighten up the supervision over the leading cadres. SPP also retrained 366 prefectural and municipal chief procurators. SPP, after setting the "six bans" for leading cadres of all procuratorates in 2004, again drew up in 2005 the Measures for Handling Leading Cadres Who Violate the "Six Bans." SSP, while enforcing the system of holding procuratorial personnel accountable for their conduct and work ethics, also instituted the rules for reporting important matters, holding pre-assignment talks and admonitions on work ethics, and conducting inspection trips. SPP and 16 provincial procuratorates made the rounds of inspecting the operations of leading groups of subordinate procuratorates.

(3) SPP made efforts to build stronger grassroots procuratorates. SPP studied and carried out measures for improving the grassroots procuratorates on the basis of the views stated in the report of the 12th Session of the 10th NPC Standing Committee on the construction of grassroots procuratorates. SPP upheld the system under which leading officers of SPP and provincial procuratorates establish contacts with their grassroots counterparts and provide them with different forms of guidance and evaluate their performance in various respects. The contests launched among procuratorates to become advanced units aroused the grassroots procuratorates' enthusiasm to compete to become stronger and better procuratorates. SPP also worked hard to obtain relevant departments' support needed to help the grassroots procuratorates solve their practical problems and difficulties. SPP and the Ministry of Finance jointly issued the Opinions on Setting the Standards for Public Financial Support for County-Level People's Procuratorates. Evolving around the implementation of the strategy for developing western China and rejuvenating the old industrial bases in northeast China and other regions, SPP increased its support for the grassroots procuratorates in western China and in remote, poor areas. Through holding a forum on supporting Tibet and designating more units to provide counterpart support, SPP supported the construction of grassroots procuratorates in Tibet by providing them with the needed personnel, projects, and budgets. SPP also took measures for bringing in and training personnel, selecting and recruiting outstanding college graduates to reinforce the grassroots procuratorates. The second group of 300 or so young volunteers that we and the Communist Youth League Central Committee selected and assigned to work at grassroots procuratorates in western China has eased the local shortage of procuratorial workers and helped improve the law enforcement efficiency of the grassroots procuratorates.

3. SPP Pushes Forward Procuratorial Reforms Around the Need To Improve the Procuratorial System and Operating System

According to the plan of the 16th National Party Congress and the Central Committee on reforming the judicial system, SPP drew up the Opinions for Deepening Procuratorial Reforms over a Three-Year Period. With ensuring fairness and justice in society as the goal and following the main line of tightening up procuratorates' responsibility of exercising legal supervision and supervision over procuratorates' law enforcement, the Opinions makes the resolution of the conspicuous problems that hamstring judicial justice and resolution of problems reported by the people as priorities, and decide to reform the procuratorial system and operating system in the following six respects: safeguarding judicial justice through reforming and improving the system of exercising legal supervision over litigious activities and improving the effectiveness of supervision; safeguarding the correct exercise of procuratorial authority through reforming and improving procuratorial bodies' internal and external supervisory and control mechanisms; regulating law enforcement activities through reforming and improving the mechanisms governing procuratorial operations; reforming and improving procuratorial bodies' organizational system to resolve the problem that procuratorates were under the management of certain enterprises and departments; building proficient and professional teams of procuratorial personnel through reforming and improving the system of managing procuratorial cadres; and resolving the grassroots procuratorates' budget problems through reforming and improving the system of ensuring their operating budgets. Over the year, procuratorial bodies, while organizing the implementation of the opinions for the three-year reforms, have accomplished the followings:

(1) Establishing the system under which the whole process of interrogations of suspects of job-related crimes are recorded and videotaped. To tighten up the supervision over procuratorial bodies' law enforcement, control investigations and interrogations, and ensure strict and civilized law enforcement, SPP decided to gradually institute the system of recording and videotaping the whole process of interrogating suspects of job-related crimes. Currently the overwhelming majority of procuratorates have instituted the recording system; and all provincial-level procuratorates, procuratorates of provincial seats, and procuratorates of prefectures and municipalities in eastern China have instituted the recording and videotaping systems.

(2) Establishing the system of seeking approval for investigation of job-related crimes. The rules -- which provide that when provincial and lower people's procuratorates need to set up files for investigating job-related crimes and detaining suspects, they must report the need to the next upper procuratorates for the record; and when they need to retract the investigation of a case, they must have the approval of the next higher procuratorate -- have strengthened the upper procuratorates' leadership and supervision over the operations of the lower procuratorates, and also improved the mechanism of supervising the investigation of job-related crimes.

(3) Standardizing the management of procuratorates' judicial appraisal bodies and personnel. SPP, acting on the NPC Standing Committee Decision on the Management of Judicial Appraisal and considering the need to improve the country's judicial appraisal system and ensuring the objectivity and impartiality, ruled that, beginning 1 October 2005, procuratorates' appraisal bodies should discontinue their appraisal services for society and appraisers should discontinue participating in social bodies judicial appraisal services.

(4) Improving the procedures of determining criminal compensation. To deal with the difficulty in seeking compensation and safeguard citizens' right to compensation from the state, SPP decided that, if a local people's procuratorate chooses not to accept a request for compensation for infringement of right, it must report the case to an upper people's procuratorate for approval; and that, if an upper people's procuratorate discovers a lower people's procuratorate has rejected a case of criminal compensation, or has failed to compensate a case that deserves compensation, it must charge this lower people's procuratorate to take corrective measures.

(5) SPP continued to deepen the project of experimenting with the system of appointing people's supervisors (ren min jian du yuan). As of the end of 2005, these people's supervisors had exercised supervision over 9,652 cases about attempting to retract prosecution and drop charges, and cases of job-related crimes in which the criminal suspects contested their arrests; and expressed disagreement with the decisions that procuratorial departments had made on 484 cases. The chief procurators and members of procuratorial committees decided to accept these supervisors' views on 218 cases after reviewing them and then explained to the people's supervisors the facts and the legal basis why their other views were not accepted. Meanwhile, SPP also achieved good results from studying the feasibilities of assigning people's supervisors to supervise procuratorial bodies' "five situations," including the situation where they should -- but failed to or failed to properly -- set up files for investigating job-related crimes, and conducting illegal search or holding people in custody.

Fellow deputies, the successes achieved in managing procuratorial affairs in 2005 were the results prosecutorial departments achieved under the leadership of the party Central Committee with Comrade Hu Jintao as the general secretary; under the leadership of party committees at all levels; under the supervision and support of people's congresses, governments, and CPPCC bodies at all levels; and because of the care and assistance rendered by people of all circles in society. In addition to the NPC Standing Committee, which heard our report on the way procuratorial bodies exercised legal supervision, standing committees of local people's congresses at all levels heard on 3,361 occasions procuratorial bodies' reports about their operations and building teams of procuratorial personnel; and procuratorial bodies at all levels have drawn up rectification-and-reform measures in accordance with the views stated by members of the people's congress standing committee. The many very good proposals and motions that NPC deputies and CPPCC National Committee members put forth for procuratorial operations have been processed before the deadline. The larger budgets that State Council departments concerned allotted for procuratorial operations and infrastructure construction, and the timely moves local party comOur work still has many problems. First of all, the intensity of legal supervision still falls short of what the people expect. The sense of supervision of some procuratorial bodies is weak. In handling litigious affairs, they attach importance to coordination and slight supervision and control. Some, for fear that their relations with other departments may be affected, are apprehensive in exercising supervision and control. Because some procuratorial bodies' supervisory ability is weak and they are unable to discover acts of lawlessness while enforcing the law and managing judicial affairs, they fail to correct certain lawless phenomena according to law. Second, we still need to upgrade the degree of standardization for prosecuting cases. Certain procuratorial bodies' sense of prosecuting cases lawfully in a civil manner is weak. The phenomena of attaching more importance to crime crackdown and substance than to protecting the suspects and following procedures still exist. Because they do not strictly execute the law and regulations, the quality of handling cases is low. Third, the overall quality and law enforcement ability of procuratorial personnel cannot fully meet the need of providing legal oversight. Some procuratorial personnel's awareness of rule of law, sense of the masses, and sense of work ethic are low; and the way they enforce the law is poor and simplistic. Some procuratorial officers' ability to enforce the law and prosecute cases is low, they are unable to identify evidence, achieve investigation breakthroughs, and apply the proper laws. When they handle cases, an extremely small number of procuratorial personnel will still consider the connections they have with the parties concerned, the need to do them a favor, and how much money they can receive; and they will also accept bribes and even bend the law for the benefit of friends and relatives. Meanwhile, some local procuratorial bodies, which do not have enough resources and the personnel they need, will soon become bodies without procuratorial officers. Budget shortage, in particular, has handicapped procuratorial operations and the resolution of problems that affect impartial law enforcement. We the SPP, including our leadership and guidance for local procuratorial bodies, also have weak links, and we should be held accountable for the problems above. With the spirit of reform and a pragmatic work attitude, we will make earnest efforts to study and resolve these problems and bring about an all-round, healthy development of procuratorial operations.

Fellow deputies, the year 2006 is the year to start the 11th Five-Year Program. Procuratorial bodies will earnestly act on the spirits of the 16th National Party Congress and the Third, Fourth and Fifth Plenary Sessions of the 16th CPC Central Committee; act on the requirements set at the current NPC session; firmly adhere to the guiding principle for political and legal affairs -- the principle of "enforcing laws impartially and working wholeheartedly for the people" -- continue to act on the theme and the general requirement for procuratorial operations, earnestly discharge our responsibilities of exercising legal supervision, work hard to maintain social stability and justice, and provide powerful legal services and support for building a harmonious socialist society and for the smooth launching of the 11th Five-Year Program.

First, we will crack down and prevent all types of crime to maintain social harmony and stability. To resolve contradictions and promote social harmony and stability, we will firmly crack down on crimes that endanger the safety of people's lives and properties, especially the serious violent crimes, crimes committed by criminal syndicates and vicious forces, such as robbery, seizure, theft and other recurring crimes of encroaching upon other people's money; and earnestly resolve those petitions that involve procuratorial departments. To create a market environment for fair competition and promote the construction of a modern market system, we will tighten up our efforts in cracking down on crimes that seriously undermine the market economic order and we will actively take part in ad hoc projects to control commercial briberies. To promote the construction of an innovative country, we will, according to law, crack down on crimes of infringing on trademark right, patent right and copyright; and tighten up judicial protection for intellectual property right. To help promote the construction of a conservation-minded and environmentally friendly society, we will, acting according to law, crack down on crimes of ravaging the environment and resources and tighten up protection of the ecological environment. To help promote the construction of a new socialist countryside, we will, acting according to law, crack down on all forms of crimes that infringe upon peasants' legitimate rights and interests, that endanger agricultural production, and that affect social stability in the rural areas. We will continue to investigate and handle such job-related crimes as corruption, bribery, negligence of duty, and right infringements; seriously investigate and handle those crimes committed by state functionaries who seek selfish interests by taking advantage of their personnel, judicial and approval authority; crimes that cause losses of state properties; and crimes that violate the masses' vital interests. To make prevention more relevant and effective and reduce the occurrence of crimes from the source, we will continue to deal with symptoms of crimes as well as their root causes, place emphasis on both crackdown and prevention, actively take part in comprehensive control of public offenses, continue to prevent job-related crimes, innovate on our operations, and tighten up research on countermeasures.

Second, we will continue to intensify our legal supervision over litigious activities to safeguard social fairness and justice. We will roundly supervise criminal procedures, civil trials and administrative litigations, and make efforts to change the situation where the supervision over trials of civil cases is relatively weak. We will, acting according to law, supervise the prosecution of cases that involve capital punishment so as to make sure that capital punishment is used properly. We will tighten our supervision over the execution of punishments. Acting according to law, we will correct those problems of illegally reducing sentences and granting parole or medical parole; continue to correct the problem of extending detention period and stop new problems of extending detention period from occurring. We will continue to contest improper verdicts, improve contest quality, and monitor and correct those adjudications which are apparently wrong. To safeguard the masses' legitimate rights and interests, we will firmly correct and investigate people's complaints about laws not strictly enforced and judicial injustice, and provide the needed supervision over special issues. We will protect human rights according to law by firmly correcting and handling all lawless and criminal activities that infringe upon citizens' personal rights and democratic rights. To uphold judicial justice and foster social justice, we will strictly handle those judicial personnel who accept bribes, bend the law and practice favoritism; and we will liquidate the corrupt elements from our teams of judicial personnel.

Third, we will continue to control law enforcing behaviors and improve our law enforcing efficiency. We will deepen the ad hoc rectification-and-reform activities of "regulating law enforcing behaviors and promoting justice in law enforcement." Giving priority attention to the key areas of law enforcement, we will create efficient standard rules for operations, for ensuring law enforcement quality and for evaluating procuratorial performance; improve the system of law enforcement responsibilities and holding personnel accountable for wrongful prosecutions; promote the construction of mechanisms that integrate the use of information technology with procuratorial operations and management of procuratorial personnel so as to gradually set up a relatively efficient and standardized law enforcing system. To address the irregularities in law enforcement and to effectively institutionalize law enforcement, we will tighten up our supervision and inspection of the enforcement of regulations and rules to make sure that all regulations and rules are followed at grassroots units, in all law enforcing departments, and in handling each and every case.

Fourth, we will continue to reform our procuratorial system and procuratorial operations so that the system governing legal supervision will become more efficient. We will follow through the central authorities' plan, implement the Opinions for Deepening Procuratorial Reforms over a Three-Year Period, and tighten up our efforts to organize their implementation. Surrounding the need to improve the rules governing procuratorial bodies' operations, such as setting up files, conducting investigations, and supervising court trials and execution of punishments, we will put forth suggestions to streamline the supervisory procedures, strengthen the means of supervision, and increase the effectiveness of supervision so that procuratorial bodies can play a more effective role in ensuring uniform and correct implementation of laws and in safeguarding social fairness and justice. We will continue to improve the system under which procuratorial bodies are subjected to supervision and internal control, continue to experiment with assigning people's supervisors, and carry out supervision over the "five situations" in all fields. To tighten up the supervision over the handling of legal cases, we will continue to promote the system of recording and videotaping the whole process of interrogating suspects of job-related crimes. To conduct procuratorial operations openly, we will promote the system under which parties concerned will be informed of their rights and obligations. To improve the management of procuratorial officers, we will improve the system of selecting, promoting and training procuratorial officers and speed up the work of reforming the management of different types of procuratorial personnel.

Fifth, we will continue to build stronger teams of procuratorial officers and improve their overall quality and their ability to provide legal oversight. We will give top priority to their ideological and political construction; and educate them on socialist rule-of-law belief, making sure that they will firmly establish the concept of doing their work according to law, enforcing the law on behalf of the people, upholding justice, serving the interests of the whole, and upholding party leadership; and that they will have a strong ideological foundation of enforcing law strictly, justly, honestly and in a civilized manner. We will tighten up the cultural construction among procuratorial personnel to create an atmosphere in which procuratorial personnel can pursue wholesome and lofty goals. We will tighten up the management of and supervision over procuratorial personnel, especially the supervision over the leading groups of procuratorates and chief procurators at all levels; tighten up the supervision over those personnel assigned to the posts of fighting corruption and handling public prosecution; and work harder to promote exchange among procuratorial officers. To improve procuratorial personnel's job-related skills and law enforcing competency, we will tighten up our efforts of building teams of procuratorial personnel, do a good job in training them, and carry out regular training of personnel of different categories, paying special attention to training procuratorial officers working on the first line. To address such problems as insufficient grassroots procuratorial forces, shortage of personnel, and unfilled positions of procurators, we will count on the support from party committees, people's congresses and governments at all levels so that there will be more allotments for infrastructure and equipment for handling legal cases. To maintain procuratorial personnel's good image, we will tighten up our efforts to promote work ethics and good work attitude, firmly stop and correct misbehaviors and irregularities that hurt the masses' interests and feelings, and seriously investigate and handle those cases about procuratorial personnel who, for their selfish interests, have abused their authority, breached the law and disregarded discipline.

Sixth, we will voluntarily accept the supervision from people's congresses and CPPCC bodies at all levels and people of all circles. Acting in accordance with the requirements stated in the Opinions for Continuing To Bring into Play the Role of NPC Deputies and Strengthening the Institutional Construction of NPC Standing Committee, we will improve the measures for subjecting procuratorial bodies to supervision, take the initiative to report our work, and work with the NPC Standing Committee in checking the way the Procurator Law is enforced. We will voluntarily accept the democratic supervision from political consultative bodies, supervision from the people, and supervision from the media. To make constant efforts to improve and strengthen our legal supervision, we will seriously listen to the suggestions, criticisms and other opinions of NPC deputies, members of the CPPCC National Committee, members of all democratic parties, members of the Federation of Industry and Commerce, and personages without party affiliations.

Fellow deputies, in this new year, procuratorial bodies across the country will, under the leadership of the party Central Committee with Comrade Hu Jintao as the general secretary, hold high the great banners of Deng Xiaoping Theory and the important thinking of the "Three Represents," fully implement the scientific development concept, seek truth, be pragmatic, press forward, and continue to make untiring efforts to build an all-round well-off society and to ensure the smooth implementation of the 11th Five-Year Program!

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