Analysis of the prosecutorial functions play the role of resolving social conflicts in rural areas

Paper Keywords prosecutors to resolve social conflicts in rural areas
Abstract Politburo Standing Committee, Zhou Yongkang, secretary of the Central Political and Law Commission Comrade years on 18 December 2009 opening of the National Political television and telephone conference on, seize the impact of social harmony and stability of the source, fundamental, basic questions in-depth reform of the social conflicts, social management innovation, fair and honest Law enforcement three priorities, to promote comprehensive development and progress of Political and legal work to ensure national security and social harmony and stability, sound and fast economic and social development of more effective protection of the rule of Law as legal supervision organs of prosecution in resolving social conflicts in rural areas promising the face of all kinds of social conflicts in rural areas, the prosecution should proceed to resolve the conflicts in this core objective, in the tradition of seeking a breakthrough on the judicial tradition, the way in resolving the conflict to seek innovation, play a prosecution functions, and actively participate in resolving social conflicts in rural areas.

Central Political and Law Commission on December 18, 2009 held a national teleconference on Political and legal work, the CPC Central Committee Political Bureau Standing Committee, Zhou Yongkang, secretary of the Central Political and Law Commission at the meeting stressed the impact of social harmony and stability to seize the source, fundamental, basic issues, in-depth reform of the social conflicts, social management innovation, fair and honest law enforcement three priorities, to promote the overall development and progress of political and legal work to ensure national security and social harmony and stability, sound and fast economic and social development of more effective protection of the rule of law As the legal supervision organs of prosecution in the rural community to resolve conflicts, how to play to their functions, involved in resolving social conflicts in rural areas?
First, the current major social conflicts in rural areas
Our country is in a new period of social transformation in rural areas there are all kinds of social conflicts, have the following main categories: First, deterioration caused by conflicts between cadres and masses. Cadres and village-level disputes between farmers, various types of conflicts and disputes in rural areas is currently the more prominent issues: the second is non-trivial disputes caused by the conflict, which is typical of the traditional forms of conflicts and disputes in rural areas, mainly in the form of its adjacent relationship to side boundaries, family and marriage, private lending lead to conflicts and other disputes: Third, the rural grass-roots elections cause conflict in recent years, the phenomenon of rural areas of frequent sabotage the election, in which bribery is most prominent, followed by the clan, sectarian forces and the impact of elections in rural areas by This lead to conflicts and disputes in rural areas can not be optimistic: Four environmental pollution problems caused by conflicts. has been settled in the vast rural areas is the preferred target polluting enterprises, migrant workers will naturally become the best employment of the object, but because of ideological awareness and funds , technical and other issues, some companies of wastewater, waste gas, waste also varying degrees of random emission phenomenon, coupled with regional economic development needs, local interests and other temptations reason, farmers caused strong resentment among the masses, and gradually evolved into the final burst sex, group events, adverse social impacts; Fifth, personal injury compensation, arrears of wages for migrant workers and other labor conflicts and disputes arising now, by the employment of migrant workers rights have been infringed an increasing problem which, particularly in personal injury compensation , arrears of wages and labor contract disputes, the most prominent labor of migrant workers in the recovery of wages, compensation for hopeless cases, non-rational means, such as the mob blocked traffic, damaged roads, theft, robbery, intentional injury or kidnapping of contractors and other .

Second, the prosecution actively participate in resolving social conflicts in rural areas is a function of where the
This stage, the incidence of rural social conflicts and the intensification of the rate has risen sharply not only mass, the number of emergencies increased sharply and the intensifying confrontation, conflict and disputes with the scope to expand, with a significant diversity and divergence, large numbers of new types of disputes. prosecution as a state organs for legal supervision, actively involved in rural social conflicts have become inevitable, is to adapt to the reality of the general public demand for justice. prosecutors fulfill combat criminal offenses, supervision, prevention and investigating crimes to deal with petitions and other important functions related to inspection, is building a new socialist countryside as an important force, shoulder to provide for the construction of new socialist countryside protection of the rule of law mission. Supreme People's Procuratorate issued in 2006 <<prosecution for the new socialist rural development services, advice)) (hereinafter referred to as "Opinion") police agencies in the construction of new socialist countryside and the situation made the task facing the deployment of concise, this is the new era prosecutions service programmatic construction of new socialist countryside file in the process of building a socialist new countryside, the prosecution must be based on prosecutorial functions, firmly grasp the overall situation of economic and social development around the "strengthening legal supervision and maintenance of fairness and justice," the theme of prosecutions, the full implementation of legal supervision, service in a new socialist countryside construction work objectives, to protect the unity of the socialist legal in rural areas, the correct implementation for prosecutors on how to better services for the building of new socialist countryside, "Opinions" put forward specific demands: First, based on the functions of the full legal right to perform oversight functions as a service standpoint, efforts to broaden the service channel, innovative services, improve service levels; second is to highlight key points, an accurate grasp of the work of peasants in the prosecution needs to promote issues affecting rural stability, agricultural development and damage the interests of farmers against the outstanding problems, construction of new socialist countryside as a service entry point; third is to be pragmatic, and strive to promote stability in rural and agricultural development to do practical things for the farmers to solve practical problems.

Proper and timely manner to resolve conflicts in rural areas is a prerequisite for building a new socialist countryside and to protect the face of numerous and unorganized rural social conflicts and disputes, not only in criminal prosecution, civil and administrative proceedings can legally intervene, but also active in the field of non-v as, to play their own functions and advantages, an effective solution to social conflicts in rural areas. prosecution should be based on their own functions, play an active role to the full right to fulfill their legal oversight functions as a starting point, firmly grasp the overall situation of economic and social development, the Attorney work with a new socialist countryside construction combine to achieve a variety of internal and external dispute resolution proceedings function relative to economic, organic convergence and integration, to dispute resolution in the field to address the first time, to resolve at the grassroots level, for the new socialist countryside building escort.

Third, the prosecutors involved in the work of rural social measures to resolve conflicts
Face all kinds of conflicts and disputes in rural areas, the prosecution should be the core target from proceeding to resolve the conflicts, in the tradition of seeking a breakthrough on the judicial tradition, the way in resolving the conflict to seek innovation, caught in the contradictory results on the effectiveness of mediation, Construction of the "dominated the proceedings , the coexistence of a variety of ways to solve conflicts, "a new mechanism for the diversification of contradictions, diversity in practice, give full play to resolve the contradictions in the prosecution of work functions, so that this new thing to play a buffer conflicts in rural areas, rural conflicts and promote social stability in rural areas, the role of rural social harmony.

(A) actively prevent and investigate crimes related to agriculture, rural society to resolve conflicts and create a clean and efficient environment
Crimes prosecutions in the prevention and treatment is a very important element of rural cadres and grassroots organizations in rural areas such crimes is the current prejudice important element of stability, but also hinder the outstanding problems in economic development in rural areas, not only violated the integrity of their duties, the state property and State of the normal management activities, violation of personal property rights of farmers, but also seriously damaged the party in the peasant masses in the image and prestige, influence the relationship between cadres, is led to the current social conflicts in rural areas the most direct trigger. practice that prosecutors actively investigating state officials, especially leading cadres to implement the duties of crime, building a clean government, rationalize their feelings, and eliminate inharmonious factors play an important role. the prosecution to make full use of duty crime prevention and detection means of disposing of the full implementation of their reading level and anti-corruption and bribery infringement functions, investigate serious violations of abusing the powers and interests of farmers of criminal cases, and in conjunction with a case, a careful analysis of the incidence of agriculture-related crimes committed by the characteristics and law, constantly sum up experience, innovation, prevention mechanisms and measures to improve the prevention of job-related crimes in rural areas and level of ability, to build a new strong line of defense of crime prevention in rural areas.


(B) actively implement the purposes of the criminal policy of combining punishment with leniency, to resolve social conflicts in rural areas to create a stable social environment
At present, the prosecution should better resolve social conflicts in rural areas, is to temper justice with mercy closely with criminal justice policy, in the performance of arrest and prosecution by law to do both functions, accurate and effective in combating serious crime, but also treated differently, do to insist on strict enforcement of laws and enforcement policies JUSTICE organic unity, the strict is strict, when the width is wide, leaving room complementary. First severity and speed according to the law against multiple-prone rural areas of serious harm to life and health of farmers and property security, crime, destruction of agricultural production and Kengnonghainong crime and criminal activities of illegal missionary work, maintaining the rural masses. The second is to explore the use of minor criminal cases, criminal policy of gently handling mechanism to explore implementation of justice policy JUSTICE variety of ways, from simple to expand to the integrated use of non-prosecution sentencing recommendations, the implementation of the criminal settlement, the reform of juvenile delinquency cases for crime and other means, to turn negative factors into positive ones, to maintain social stability and harmony for minor criminal cases accurately grasp the conditions of arrest and prosecution standards, according to the law of leniency for ordinary criminal cases, according to the law to be lenient, dealt with leniently, efforts to reduce social opposition in the different stages of the criminal to take a different step in the review of arrest part, to master the conditions of arrest by law for subjective malignant small, pleaded guilty a good cause or because of minor civil disputes to criminal cases do not catch as much as possible the decision, but do not capture the work of reasoning, to get public recognition in the part of the prosecution, full account of the need to prosecute, not the consequences of hazards, the parties settle or get the victim injury cases appropriate understanding of the light not to prosecute, should the decision not to prosecute according to law. do need to prosecute, according to the court to be lenient, leniency views, try to eliminate hidden dangers. Minor criminal cases, including disputes or family conflicts due to the neighborhood caused minor criminal cases, as long as the parties reached a settlement, according to the general time to deal with crime; offenses against minors, extend the criminal use of conciliation, judicial means, as far as possible repair of social relations to maximize the increase harmonious factors and reduce disharmonious factors to fully reflect the liberal side of law; of migrant peasant workers suspected of a crime, uphold the distinction can not catch catch catch may, from time to appeal is not actionable v., to reduce social conflicts and strive to maintain the rural social and political stability in the upholding of the people to provide quality and efficient legal services based on the result of rural land contracting, acquisition and other mass incidents caused to the local party leadership, according to the law carefully and properly deal with, good work to resolve conflicts and disputes. for crimes, but also adhere to attack the tiny minority, most of the principles of unity of education and strive to create a harmonious atmosphere. Links to free download http://www . hi138.com (c) make part of the agriculture-related prosecution petition, to defuse the social contradictions of rural open a green channel
Kongshen the prosecution, the prosecution petition reception ties with the masses of the bridge and link, but also the prosecution's own understanding of society and public opinion is an important window, it is a rural community to resolve conflicts is an important channel prosecutors to strengthen farmers' people involved in inspection petition work, and actively participate in mediating conflicts in rural areas. First, the concept of work to update the prosecution petition. to Kongshen, petition work on prosecutions in the overall thinking on building a harmonious society and building a great practice of socialist new countryside in advance must be a passion for the people's deep feelings, aspirations reflect the flow channels to enhance civilization window construction. correct reception service, for the people to do practical things. The second is to establish a perfect "big letters" pattern. Establish a linkage mechanism involving prosecution petition to strengthen the prosecution on the lower linkage, the implementation of the joint reception of visitors, exploring the case with the next visit, periodic visits, to further improve the mechanism for dealing with complaints: to strengthen the prosecution authority within the various functional departments of communication, consultation, cooperation, improve the working mechanism, integration of resources, and make concerted efforts together to petition for cases involving seizure. The third is to gradually improve the long-term mechanism dealing with complaints related to inspection. focus is to further standardize and implement the Attorney General reception day, focusing on the case of leadership petition petition system, Dynamic prediction petition petition involving inspection and many other systems, strengthen the supervision and inspection of the grass-roots level of assessment to ensure that petition has been timely and effective processing of cases, adhere to sound the first responsibility system, the responsibility fell check system, good clues of reminders, and supervising the work, take seriously each criminal appeals and criminal compensation cases, and earnestly safeguard the legitimate rights and interests. Fourth, to actively involve inspection petition innovative measures to deal with. actively promote the hearing system, and actively absorb recovery justice of the rational factors, try to criminal complaints settlement system to balance the interests of all parties, the timely petition for review involving Strengthen reasonable interpretation argument to strengthen the argument guidance, understanding and support for the people, the contradictions are resolved at the grassroots level, nip in the bud to minimize the petition involving inspection, repeat the petition and leapfrog petition.

(D) serious legal education in rural areas, to resolve social conflicts in rural areas laid the ideological foundation
Due to historical conditions, rural areas in the economic, information, culture, education, lagging behind, the farmers lack of legal knowledge, legal sense of apathy, many rural social conflicts as a result. Raise farmers' awareness of the law, and increase their legal awareness , is to promote the process of administering the village to carry out the work required to create safe, but also to resolve social conflicts in rural areas an effective way, the prosecution service is a new socialist countryside construction bounden duty. prosecution should be based on prosecutorial functions, combined with practical and prosecutions Features take the form of a variety of effective, in-depth legal education in rural areas. First, great efforts to send France to the countryside, villages and sent to France, to send France to the people's legal campaign, typical cases and negative examples by their own experiences to the case of interpretation, to guide the rural cadres and the masses to enhance legal awareness. The second is through radio, television , newspapers and other media have widely publicized, take full advantage of the town, Street Law Attorney village room this platform to send the form, make the law into people's daily lives. Third, through seminars and legal consulting and training for popularizing and propagating knowledge, actively preaching the laws, regulations and policies for improving the law-abiding consciousness of the villagers. Fourth, the prosecution through the court to attend the peasant masses of legal advocacy, education base to the court as a warning, warning the people to attend, so that education in the former, to prevent the First, to improve farmers' awareness of law-abiding people and cadres.

(E) be fully reflected in the performance of functions of the consultative and actively participate in the diversification of the rural social conflicts to resolve the mechanism
Emphasis on communication, dialogue, coordination and cooperation is the diversification of the important features to resolve conflicts. The prosecution must meet the actual needs, in the performance of their functions, adherence to the "voluntary, lawful" principle, the parties to fully respect the right to dispose of, bring the parties to choose with their respective interests and value judgments of the conciliation, mediation and other consultative approach to resolve conflicts and achieve the case of knot things, first, a reasonable application of "clear responsibility for things that" principle. "Ascertain the facts, clarify responsibilities," Mediation has been an important principle to be followed, but in specific cases, the parties in order to achieve the purpose of mediation and reconciliation, will dispute the fact that sometimes make concessions, which makes the facts of the case and the case mediation will exist between objective fact and if the parties resolve conflicts for a thorough consultation to consider the issue of certain facts, responsibility and do not pursue the matter, and reached a settlement agreement, as long as not contrary to law, the prosecution should be allowed and recognized. Second, become adept at using force to guide the parties to appeal outside the dialogue with the people prosecutors active mediation, arbitration and other non-administrative appeal mechanism to resolve disputes, docking, to absorb external forces to participate in the proceedings of the mediation proceedings, to help bring the parties from confrontation to dialogue. In practice, prosecutors and courts can be built, the area of ​​justice, mediation centers and village mediation committees of the mediation network, give full play area and grass-roots organization functions poll retired veteran cadres, the industry leader, ex-soldiers, family elders and other important affect people's status and personality, because people were playing the case of a timely appeal outside the mediation efforts has proved, in the proceedings to introduce a wide range of values ​​and a wide range of solutions, will suit a more dynamic solution. Third, the rational "interpretation", "applicable law." By grass-roots level of production, customs, legal tradition, the majority of rural people's understanding of the law more mixed with the customs, traditions and folklore, so the prosecution in the interpretation of the law, the law applicable to conflict resolution process, must be fully attention to rural customs, so that prosecutions more into the traditional, customary, reasonable and ethical and other social factors, legal thought and local rules or regulations, legal terminology and to seek understanding between the native language in the rule of law embodied in the dispute resolution process spirit, carrying local human, the rule of law and rule by virtue of unity. Links to free download http://www.hi138.com