Jiangsu Province Procuratorates: Safeguard Justice and Serve the People
2014-05-27ByGAOYAN&XUYING
By+GAO+YAN+&+XU+YING
IN 2013 we filed and investigated 1,393 cases of bribery and corruption involving 1,646 people, 107 of whom were officials at Division Chief level or above. We approved the arrest of 114 suspects on charges of producing and selling poisonous and harmful foods and bogus medicines, and prosecuted 891 people embroiled in 464 cases of economic crimes involving mass participation, such as the Ponzi scheme and illegal solicitation of funds. We also issued 405 proceedings against people believed to be damaging the environment and natural resources, investigated 52 suspects in jobbery crimes such as corruption and malfeasance in the field of environmental protection, redressed 375 false claims in which the accusers collaborated with the shared intent of impinging on national, collective or personal interests, and brought criminal charges against 71 of them. We hosted 13 forums in which Peoples Congress deputies, members of the Chinese Peoples Political Consultative Conference, retirees and journalists participated, set up an on-line program soliciting public opinions on our work, and visited concerned parties in concluded cases to get their feedback. We promptly worked out and brought into effect solutions to the problems these measures exposed within specified deadlines. Progress was reported to facilitate public supervision.”
The above is an extract from a statement that the Peoples Procuratorate of Jiangsu Province made at the news conference it held on January 9. Along with the figures mentioned, the procuratorate also detailed eight cases it handled last year on a wide range of public concerns, from corruption, food safety, public security and environmental protection to judicial justice.
“Serving the people, maintaining a strong bond with them, and safeguarding justice are the procuratorates missions,” said Xu An, procurator-general of the Peoples Procuratorate of Jiangsu Province and Grand Procurator of the Second Rank. His institution is a pillar state organ of legal supervision that safeguards the interests of the nation and individual citizens, and consolidates public trust in the rule of law.
Response to Public Concerns
Records show that it is information from individual citizens that brings many corruption cases to light. As one citizen anonymously commented, “Few of us ordinary people are acquainted with big fish, but many observe instances of mi-nor corruption during our lives.”
The Peoples Procuratorate of Jiangsu Province follows up every item of information it receives and assigns specific staff members to each disclosure within seven days. In instances of revelations from named sources the procuratorate starts an investigation within 30 days and apprises the informant of the results within three months.
Last year the procuratorate ratcheted up efforts to combat jobbery crimes that threaten public interests and peoples livelihood. They include jointly issuing with the provincial court, police and judiciary administration four decrees relating to food safety, environmental protection, illegal fund raising and false litigation. These documents clarify law enforcement issues and pool the strengths of various departments.
The procuratorate also launched an outreach program in 2013 covering institutes, enterprises, urban and rural communities and schools. Its aim is to better serve the local economy and society. In cases of broad concern that threaten the public health, such as gutter oil, toxic capsules and fake vaccine, the procuratorate has stepped up investigation and prosecution within the legal framework. This entails procurators meeting citizens by appointment and carrying out regular field studies. Procurators at provincial and municipal levels have hence set up hotlines where local residents can file complaints and gain access to legal support.
Specific campaigns have been launched to protect the peoples legitimate rights and address issues that threaten their interests and so arouse strong protests. Procuratorate workers are required to maintain direct grassroots contacts that keep them informed of the peoples concerns and needs. They are also charged with building outposts in rural towns and neighborhoods that strengthen law enforcement at the grassroots level. To give the public better access to their services, all 105 procuratorates in Jiangsu Province have set up integrated service centers. Their broad spectrum of functions includes keeping the public abreast of cases in process and giving legal consultations. The legal aid program rolled out in these centers last year spent RMB 4.65 million on alleviating the predicaments of impover- ished victims of 1,170 criminal cases.
The Measures to Dispense Aid to Criminal Case Victims in Difficult Situations, promulgated by the Peoples Procuratorate of Wuxi City, is the first local statute of its kind in China.
Statistics show that, in 2013 alone, Jiangsu Province procuratorates investigated and prosecuted 1,709 suspects in 1,400 criminal cases that violated the peoples interests. They included land requisition and food and drug safety –matters that have polarized public attention in recent years. Procuratorates have also supervised administrative depart-ments, transfer of case clues to police, who then duly file and investigate these cases.
Protecting the Peoples Well-being
The procuratorate is a governmental organ of legal supervision that ensures unified and correct law enforcement through exercise of procuratorial power. Many people are unaware of its connection with daily life and work.
Xu An is procurator-general of the Peoples Procuratorate of Jiangsu Province. In his view, people working in the procuratorial field must be close to the masses if they are truly to serve the people. He believes that the populace is the ultimate source of truth. “Receiving visits and addressing peoples complaints and difficulties constitutes the duty of a procuratorate. We can do a good job only when we have the peoples wellbeing at heart,” Xu said.
Xu has long stuck to the practice of grassroots level visits and personally dealing with hundreds of letters from people each year. He often reminds procuratorate workers that these letters show peoples trust in them, which they stand to lose unless they give them their full attention.
Xus work style of making himself an example has brought about a trend in the provincial procuratorate of being close to everyday people.
“Staying close to the people” is the principle that Zhou Enlai, first Premier of the Peoples Republic of China, lived and worked by. It is also the legacy he left to his hometown Huaian, and which is deeply embedded in the hearts of procuratorial workers there. In early 2011, Cheng Jixi, then newly appointed chief procurator of Huaian City, proposed 15 specific requirements on maintaining close contact with the populace. He advocated the Huaian procuratorial spirit, with Premier Zhous principle of “being close to the people” at the core, setting himself up as an example to his peers in this and other fields. Main leaders of Huaian City Procuratorate are required to personally guide their staffs handling of cases. They are also expected, through visits to local communities and villages, to deal directly with problems that local residents raise. Cheng Jixi sets the pace in the procuratorial evening school by attending various training schemes. Huaian City Procuratorate has also set up 39 procuratorial workstations in townships to better serve the peoples needs.
Visits from everyday netizens in Changzhou City to the local procuratorate are commonplace. It was in July 2011 that Changzhou City Procuratorate first invited netizens of zhong5. cn and cz001.com.cn to visit its offices and training bases. The aim is to enable more people to understand the functions and work process of the procuratorate and to express their opinions and suggestions. It thus placed procuratorial work under social supervision by letting local residents observe on-the-spot court sessions, raise questions, and get briefings on the functions and work process of the procuratorate. In recent years Changzhou City Procuratorate has set out to be more creative with regards to social management innovations. It has published its 10 commitments to the public, set up a service hotline specifically dealing with peoples livelihood, and built a comprehensive service platform that combines on-the-spot reception for visits. It also deals with letters, hotline calls, online reports of offenses and remote video reception. All this is in a bid to strengthen its handling of requests and letters of complaint. The procuratorate also helps impoverished victims of criminal cases and has jointly established with the citys other governmental departments the countrys first“coordinated law enforcement center for environmental protection.” Along with the 13 procuratorial offices and the 32 workstations set up across Changzhous urban communities and rural townships, the city has also established 181 liaison outposts and appointed 200 or more liaison workers. Their tasks are to accept and hear cases, resolve conflicts, prevent crimes and publicize laws within local communities.
Support for certain social groups is part of procuratorial work. Jiang Yong-liang, chief procurator of Wuxi City, advocates putting a premium on grassroots needs and mechanism innovation. Wuxi City Procuratorate has given a helping hand to impoverished victims of criminal cases and migrants that have committed minor felonies and established the countrys first “care base for migrant children and teenagers who have committed minor felonies.” Prompted by the procuratorates efforts, in 2009 Wuxi introduced the countrys first Regulations Concerning Assistance to Impoverished Victims of Criminal Cases. The same year, the procuratorate began setting up grassroots workstations and hiring local liaison staff – moves that have both helped its work and promoted the procuratorates image and credibility.
Jiangyin (a county-level city) has been among Chinas top 100 counties for eight consecutive years in terms of comprehensive strength. Behind its success is the devotion of the citys 140-odd procurators. In August 2008, Jiangyin City Procuratorate established a care and education base for migrant workers who have committed minor felonies. It is the first of its kind in the country. Since establishment the base has accommodated 502 people, 98 percent of whom qualify for non-incarceration judgements like nolle prosequi or probation. Thanks to the base, migrant worker arrests have fallen 15 percent. The success of the care and education base for such migrant workers has resulted in its inclusion in the 2013 work report of the Supreme Peoples Procuratorate.
These achievements, along with the 97 percent comprehensive satisfaction rate for five consecutive years as established by an NBS questionnaire, have forged a new image for procuratorates at all levels in Jiangsu Province. Jiangsu also lays claim to more “National Model Procurators” than any other province.
Focus on Ecological Safety
Persistently hazy weather during 2013 exacerbated environmental issues and hence constituted a serious challenge to building a beautiful Jiangsu.
In the spirit of the 18th CPC National Congress, Jiangsu took the lead in proposing the building of an ecological demonstration area. In accordance with the requirements of the central and provincial authorities, the provinces procuratorial system has reiterated its commitment to promoting environmental progress and its resolve to fight pollution-related crimes. The provincial procuratorate, meanwhile, has heightened cooperation with the provincial high court, public security and environmental protection departments, and improved the mechanism on joint environmental protection law enforcement. The province was the first in the country to introduce measures towards establishing a joint environmental protection law enforcement mechanism. In this regard it has made substantial progress in curbing the phenomenon of substituting administrative penalties for criminal punishment.
To handle pressing concerns like environmental impact assessment and environmental monitoring corruption, Jiangsu procuratorates have since 2008 initiated 1,491 public prosecutions for offenses involving 3,041 suspects. They include unlawfully felling trees, illegal hunting and environmental pollution. Particular attention has been given to the latter. One instance is that of Xuzhou City Procuratorates investigation of the dumping of 96 tons of strong corrosive chemical wastewater into the Luoma Lake that culminated in the arrest of three suspects. In efforts to combat environmental resource sabotage, Gangzha District Procuratorate of Nantong City prosecuted suspects for illegally excavating sand from the Yangtze River, the first case of its type in China. In Yancheng City, local procuratorates give priority to ecological conservation. Yanlong Lake is listed as a key area, and the focus is on curbing jobbery crimes. To this end they make regular inspections of the area. Local Yancheng procuratorates have handled 73 cases of environmental devastation. Protection of rare animal species also tops the agendas of certain local procuratorates. That in Dafeng City has lodged 17 procuratorial proposals concerning a national elk nature reserve.
The environment is closely related to quality of life. Procuratorates efforts are hence in the interests of better serving the people. In this regard, Xu An remarked, “The highest morality is loving the people, and the most virtuous deed is that favorable to the people. The aim of our efforts is to enable the people to benefit from legal construction, and so live up to their expectations. We want ordinary people to live in dignity. In future, Jiangsu Province procuratorates will do their best to root the notion of justice deeply in peoples hearts and enhance their sense of happiness.”