Looking back on the classic cases of legal supervision in 2021, what marks of progress of the rule of law will be left?

2022-04-25 0 By

Protect the reputation of heroes, attack ecological destruction, punish corrupt people, protect the interests of the people…The top 10 cases of legal supervision in 2021, released recently, clearly Outlines the track of procuratorial organs actively fulfilling their legal supervision functions and safeguarding fairness and justice in the past year.A case is worth a stack of papers.Looking back at these classic cases, people can see the strength and progress of the rule of law and feel that fairness and justice are close to them.On February 19, 2021, qiu Ziming, a criminal suspect, posted two messages on Sina Weibo using his personal registered account “Hot Bixiaoyao”, belitzing and mocking heroes and martyrs who defended the country and border areas, causing a bad social impact and triggering strong public indignation.On March 1, 2021, prosecutors in Nanjing, Jiangsu province, approved the arrest of Weibo blogger Qiu Ziming on suspicion of violating the honor and honor of heroes and martyrs.”Hot pen ball” became the first criminal suspect in China to be applied to the crime of violating the reputation and honor of heroes and martyrs, and was finally punished by law.”Hot pen ball” was brought to justice, to some through a variety of ways to slander, damage the reputation of heroes, honor of bloggers, big V formed a powerful deterrent.Maintaining the honor of heroes in accordance with the law has also become an important field for procuratorial organs to actively perform their duties.Chen wangdao was the translator of the first complete Chinese translation of the Communist Manifesto.In April 2021, When the Procuratorate of Yiwu city visited Chen Wangdao’s former residence, it was found that a food store named “Daowei Zongzi Shop” adjacent to the hometown of Wangdao sold “Wangdao” brand zongzi and “Wangdao” brand rice noodle dry food marked with “Seeking flavor truth Chase Wang Avenue”, which were repeatedly publicized in the media and exported to the province and abroad.The procuratorial organ found that Chen wangdao’s close relatives did not authorize the relevant units and personnel to register Chen wangdao’s portrait and “Wangdao” name as trademarks, and use them for profit activities such as commodity production and sales.In June 2021, the Supreme People’s Procuratorate decided to file an administrative public interest lawsuit directly against a company that illegally registered trademarks infringing on the rights and interests of Chen Wangdao’s name and portrait.Thanks to the efforts of the procuratorial organs and relevant departments, the trademark involved in the case was declared invalid according to law, and relevant goods and packaging were required to be recalled and destroyed.Although far must chase the corrupt element “zero tolerance” corruption is not “free from death gold medal”!Upon the approval of the Supreme People’s Court, Lai Xiaomin was executed by the Second Intermediate People’s Court of Tianjin in accordance with legal procedures on the morning of January 29, 2021.Lai Xiaomin committed the crime against the wind after the 18th National Congress of the Communist Party of China. The public prosecution opinion of the procuratorial organ to impose the death penalty was adopted by the court. This case is among the top ten legal supervision cases of the year, which fully demonstrates the procuratorial organ’s “zero tolerance” for corruption.However, there are still some corrupt people who think that everything will be all right if they flee overseas, and even live a happy life with their illegally obtained property.What if the person is not there?”Trial in absentia” has become a powerful legal weapon to punish fugitives.The corruption case of Cheng Sanchang, the first criminal trial in absentia in China, is particularly eye-catching.It has been more than 20 years since Cheng Sanchang, former party secretary of Luohe in Henan province and former chairman of Yugang (Group) Co., LTD., fled abroad.The People’s Procuratorate of Zhengzhou city applied the procedure of trial in absentia and investigated his criminal responsibility for the crime of corruption.On January 17, 2022, The Intermediate People’s Court of Zhengzhou, Henan Province publicly sentenced the defendant Cheng Sanchang to 12 years in prison and fined 500,000 YUAN for corruption.The proceeds of cheng Sanchang’s embezzlement shall be returned in accordance with law.The trial of Cheng Sanchang scene with a large sum of money fled to the overseas “one hundred red” suspect Xu Jin, although not to the case, but also like Cheng Sanchang did not escape the people’s trial.On May 27, 2019, the Wuhan People’s Procuratorate applied to the Wuhan Intermediate People’s Court for confiscation of the illegal income of the suspect Xu Jin from corruption and bribery.On November 15, 2021, the case was pronounced and the Wuhan Intermediate People’s Court supported all the applications submitted by the procuratorial organ.Zero tolerance, no relaxation;He that fleeth shall pursue, though far shall he pursue.Targeted strike to safeguard fairness, justice and legal authority, Luo Rongzhi was sentenced to death in the first instance!The news cheered many who had been following the case.It is worth noting that the prosecution found the criminal facts not recognized by the original investigation organs in the stage of investigation guidance, and the fact that the victim Liu is also the only survivor in the series of cases, is a key witness, which played a crucial role in identifying the relevant criminal facts of Lao Rongzhi.The advance intervention and guidance of procuratorial organs provide reference for solving such complicated cases.In the past year, the procuratorial organs have applied the law accurately, and the intensity of targeted crackdown on criminal acts of lawbreakers has become prominent.For the attempt to cover up the source of drug trafficking funds and the nature of the fee, as well as knowing that the funds are drug trafficking income still help fee several times to receive and custody of the funds of the Cheng mou, the prosecution accurately identified its money laundering and other criminal facts — the case became the national prosecution and the first judgment of the “since money laundering” criminal case.This case sends a clear signal to the society: looking for someone to manage drug money is also a crime!For a private loan dispute case in which the first instance, the second instance and the provincial High People’s Court all rejected the plaintiff’s appeal, the Supreme People’s Procuratorate found the defects in the case and protested to the Supreme People’s Court, allowing the plaintiff to finally get the execution money after more than ten years.In this case, the courts of the first instance, the second instance and the retrial all held that all the facts could be ascertained only if the signature on the note was true.The Supreme People’s Procuratorate believes that the written evidence is the only evidence, and there are many flaws, as the key evidence to determine the facts of the case, the certifying power is obviously insufficient.In this case, the procuratorial organ’s legal supervision idea is clear: civil trial should not be biased by the appraisal opinion, fall into the wrong thinking of “only the appraisal is to lift”!In recent years, several criminal cases occurred in Yuhang District of Hangzhou, which reflected that a well-known short video company violated the rights and interests of minors by allowing children’s accounts to be registered without consent and collecting and storing children’s personal information in the process of App development and operation.Under the guidance of the SPP, local prosecutors acted quickly.In December 2020, yuhang District People’s Procuratorate of Hangzhou filed a civil public interest lawsuit with Hangzhou Internet Court.In March 2021, the case was settled after the mediation letter issued by Hangzhou Internet Court. The companies involved had no objection to the appeals of the procuratorial organ for stopping the infringement, making amends, eliminating the impact and compensating for losses.To be a good representative of safeguarding public interests, the procuratorial organs are constantly extending their tentacles to handle cases, so that the effectiveness of public interest litigation is increasingly prominent.Industrial pollution, lake farming pollution, dock and ship pollution, domestic pollution, agricultural non-point source pollution…A variety of ecological and environmental problems, so that the weishan Lake, Zhaoyang Lake, Dushan Lake and Nanyang Lake four connected lakes are overwhelmed.On April 8, 2021, the Supreme People’s Procuratorate decided to file a lawsuit against the ecological environment damage in the Nansihu Lake watershed.The SPP set up a task force and sub-units in each province.Since the case was filed, the relevant local procuratorial organs have promoted the closure of a number of industrial enterprises illegally setting up sewage outlets in the Nansihu Lake basin, and shut down a number of enterprises in accordance with the law, and achieved obvious results in the treatment of black and smelly water bodies, demolition of illegal buildings along the lake and other aspects.Nansihu has been “cured” in time, but its injuries have not been fully recovered. Some specific cases are still being handled, and “Pai Case” will continue to pay attention to this.The procuratorial organs carried out on-site investigations to make the people feel that fairness and justice are around them, and the road is blocked and long, and action is coming.These ten classic cases mark the painstaking efforts of procuratorial organs to promote the progress of the rule of law in 2021, and also highlight the new look of procuratorial organs to adapt to the new situation and apply new thinking to the society.At present, the people have higher expectations for fairness and justice.With the continuous improvement of the rule of law system, the vision of the procuratorial organs in handling cases is constantly expanding and the thinking of handling cases is constantly innovating, which will enhance the people’s sense of gaining the rule of law.(By Liu Shuo, Xinhua News Agency)