How did this grassroots procuratorate move from "punishing crimes" to "governance"?
Reporters visit Leishan, Guizhou: procuratorate advances the construction of a misdemeanor governance system through "four dimensions"
"Thank you for your mediation. Only then was the conflict between us resolved; otherwise it might have led to a serious disaster." Recently, under the mediation of staff from the People's Procuratorate of Leishan County, Qiandongnan Miao and Dong Autonomous Prefecture, Guizhou Province, criminal suspects Mao Moujia and Mao Mouyi shook hands and made peace with the victim Mao Mouding.
Rapidly and efficiently resolving neighborhood disputes is one aspect of how the Leishan County Procuratorate fully leverages the people's mediation mechanism to participate in misdemeanor governance.
"'Minor offenses' are not 'taken lightly.' Centering on the requirement to 'handle every case with high quality and efficiency,' the Leishan County Procuratorate carries out source governance of litigation, promotes the source prevention and front-end resolution of conflicts and disputes, and innovatively establishes a one-stop case-handling platform to effectively improve judicial efficiency. At the same time, it actively advances work such as community correction and strengthened assistance services, continuously exploring and establishing a new misdemeanor governance system," said Shen Jing, Chief Procurator of the Leishan County Procuratorate.
In recent years, the Leishan County Procuratorate has proactively adapted to the new changes in the structure of criminal offenses and the new trends of criminal justice modernization, actively seeking change and responding scientifically, fully pooling the synergy of political and legal organs, adhering to systematic thinking, highlighting systematicity, and advancing the construction of a misdemeanor governance system in three dimensions—"preventive education, evaluative guidance, punishment according to law, and community correction"—forming a full-process, closed-loop governance mechanism and achieving a new leap from "punishing crimes" to "governance."
Source prevention
Source governance of litigation "treats illness before it arises"
Resolving conflicts and settling disputes is the core essence of misdemeanor governance and also the essential requirement of source governance of litigation. In recent years, the Leishan County Procuratorate has actively explored diversified measures to prevent and resolve conflicts and disputes, promoting the source prevention and front-end resolution of conflicts and disputes.
It is understood that criminal suspects Mao Moujia and Mao Mouyi and the victim Mao Mouding had harbored grievances for more than ten years due to a neighborhood dispute. In February 2023, Mao Moujia and Mao Mouyi smashed the road surface and protective fence that Mao Mouding had built beside their homestead.
After the case was transferred to the procuratorial organ for review and prosecution, the prosecutor applied the mechanism of introducing people's mediation into minor criminal cases, helping the parties reach a settlement through repeated consultations on the mediation plan, compensation amount, and method of performance.
"Minor criminal cases arise from different causes—some are new grudges caused by incidental conflicts, and some are old grievances accumulated between neighbors. If handled improperly, they can easily plant hidden dangers or escalate conflicts and trigger even larger vicious incidents," said Wang Cheng, director of the ** Procuratorial Department of the Leishan County Procuratorate.
After launching the integrated misdemeanor governance work model, the Leishan County Procuratorate also carried out case follow-up visits and centrally handled a batch of conflict and dispute cases. Based on local realities, prosecutors, together with relevant departments, invited people's mediators and the "five elders" of villages—clan elders, village elders, customary-law elders, dragon heads, and drum-treasury heads—and, through the "1314 Beautiful Original Aspiration Mediation Method," combined with the "village rules and folk covenants" mechanism acceptable to both parties, resolved issues such as land ownership, neighborhood conflicts, and marriage disputes.
At the same time, the Leishan County Procuratorate established a people's mediation studio internally to introduce people's mediation, and set up convenient procuratorial liaison stations in townships externally to proactively supervise at the front line and effectively prevent the risk of civil disputes turning into criminal cases.
Moreover, the Leishan County Procuratorate also persists in exploring centralized hearings and public admonishment, inviting representatives of investigative organs, hearing officers, lawyers, and parties to participate throughout public hearings on non-prosecution, advancing the normalization of centralized hearings on non-prosecution in minor criminal cases.
In the hearings, on the premise of substantively listening to all parties' opinions on case handling, "admonishment" is used to inspire parties' reverence for the law, and "warning" is used to urge parties to take responsibility. Since 2023, public admonishment has been conducted for 107 persons not prosecuted, enhancing the openness of judicial case handling and the warning effect of rule-of-law education.
Combining punishment and prevention
Efficient case handling "treats illness already present"
"From January to April 2024, the 'case-to-proceeding ratio' in the criminal prosecution of the Leishan County Procuratorate decreased by 19.5% year on year, the application rate of 'summary + expedited' procedures reached 87.5%, and case-handling efficiency increased by 20%," Wang Cheng introduced.
The Leishan County Procuratorate fully leverages the role of the investigation supervision and collaboration office, designates dedicated personnel to handle misdemeanor cases exclusively, organically integrates fast-handling functions into the work of the investigation collaboration office, and, utilizing the advantage of concentrated functions of public security, procuratorate, court, and judicial administration, establishes a "one-stop" misdemeanor governance center to achieve intensive and collaborative handling of "investigation, prosecution, and trial," promoting the completion of expedited misdemeanor cases within 30 days from filing to adjudication.
At the same time, for minor criminal cases, public security and procuratorial organs advance case screening and the diversion of complex and simple cases to the early stage of investigation, and strengthen communication and collaboration with courts, achieving "fast investigation, fast prosecution, and fast trial" while effectively supervising case quality.
It is worth noting that the Leishan County Procuratorate explores the use of big data to expand supervision methods for non-custodial compulsory measures and solve the difficulty of managing non-custodial persons. In February 2023, Li Moumou was approved for arrest according to law by the Leishan County Procuratorate on suspicion of the crime of illegally absorbing public deposits. During the review and prosecution stage, after communication with Li Moumou, his defender, and family members, Li Moumou voluntarily pleaded guilty and accepted punishment, and had a strong willingness to actively raise funds to repay the victims.
To maximize help for the victims in reducing and recovering losses, the prosecutor promptly initiated the review procedure for the necessity of custody and changed Li Moumou's compulsory measure to release on bail pending trial according to law. At the same time, to ensure that Li Moumou raised funds under the effective control of the case-handling organs, digital supervision measures were adopted for him, which both ensured the smooth progress of litigation and helped resolve social conflicts.
Although misdemeanor cases are mostly small cases, this does not mean the case-handling risk is small. The Leishan County Procuratorate further established and improved mechanisms for discovering, assessing, and handling case conflict risks.
Based on this, the Leishan County Procuratorate and the Leishan County Public Security Bureau explored and established a notification mechanism between public security and procuratorate for rectifying illegal circumstances in investigative activities, intensifying supervision and rectification of common and prone illegal investigative acts; and conducted case quality evaluations on six categories of key cases, including cases withdrawn after transfer for review and prosecution by public security organs and illegal evidence exclusion caused by illegal evidence collection, strengthening the application of evaluation results and improving case quality and efficiency.
Addressing both symptoms and root causes
Promoting reform through cases "prevents recurrence"
"Thank you very much for your concern. Without your help, I really wouldn't know what to do," Li Moumou said to the staff in gratitude.
On September 26, 2022, Li Moumou was sentenced to three years in prison with a four-year suspension for the crime of illegally manufacturing firearms. After Li Moumou began community correction, the main source of income for his family was cut off, and life was very difficult. After communication with the town government and village committee, Li Moumou's mother met the conditions for being hired as a forest ranger, with a monthly income of 800 yuan. In early 2023, Li Moumou accidentally injured his leg while farming on the mountain and was temporarily unable to work.
After learning of this situation, the staff brought oil, rice, and noodles to visit him and coordinated with the civil affairs department to secure 1,000 yuan in temporary assistance funds for him. In November 2023, after Li Moumou recovered, he was recommended to participate in employment skills training.
There are many renovation projects in the Xijiang Qianhu Miao Village scenic area. Based on Li Moumou's strengths, the staff introduced him to renovation work in the Xijiang scenic area. Stable work effectively eased the economic pressure and helped Li Moumou return to society sooner.
In addition to providing assistance services, the Leishan County Procuratorate also strengthened coordination with the county judicial bureau, jointly urging township party committees and governments, community correction committees, and judicial offices to carry out community correction work well, and jointly with the Leishan County Judicial Bureau continued to build a "community correction + rule-of-law education + public welfare service" mechanism.
In addition, the Leishan County Procuratorate continued to improve the itinerant procuratorial work mechanism, established a working mechanism of "horizontal collaboration and concerted efforts," explored a new path of tripartite consultation of "procuratorial supervision + people's supervision + judicial administrative supervision," formed overall work synergy, and reduced problems of community correction subjects being out of control, unmanaged, or recommitting crimes.
"Over the past year, the political and legal organs of Leishan County have closely centered on the center and served the overall situation, going all out to prevent risks, ensure safety, maintain stability, and promote development. Many tasks have achieved good results. The county's society is generally harmonious and stable, and the public security situation continues to improve. We have held the bottom line of peace and stability and demonstrated the true nature of the political and legal organs serving the people. Next, we will strengthen innovation in social governance, go all out to advance Safe Leishan and Rule-of-Law Leishan, and fully guarantee and serve high-quality economic and social development," said Huang Bo, member of the Standing Committee of the Leishan County Party Committee and Secretary of the Political and Legal Affairs Commission.
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