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STATE ORGANS | THE COMMUNIST PARTY OF CHINA | MULTI-PARTY COOPERATION AND THE POLITICAL CONSULTATIVE SYSTEM | JURISDICTION | HONG KONG | MACAO | TAIWAN | RELIGION | RELATIONS WITH FOREIGN COUNTRIES |
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The focus was on major cases. Procuratorial organs at various levels
placed a total of 18,086 embezzlement and bribery cases, each involving
more than 50,000 yuan, on file for investigation. Of the total, 1,335 were
big cases each involving more than 1 million yuan. A total of 2,680
officials at and above the county (division) level were investigated for
abuse of power. They included 184 officials at the department (bureau)
level and seven at and above the provincial (ministerial) level. The
handling of the cases involving former Vice-Chairman of the NPC Standing
Committee Cheng Kejie and others exerted awe-inspiring effects on
criminals of their kind, while showing the resolute determination of the
Chinese Government in fighting against corruption. While handling the
Xiamen smuggling case, procuratorial organs investigated 169 criminal
suspects, who were State functionaries, for bribery and abuse of power.
Former Vice-Minister of Public Security Li Jizhou accepted huge amounts of
briberies from smuggler Lai Changxing and others and abused power to
illegally interfere in the investigation of smuggling crimes.
Procuratorial organs have completed investigation activities, initiated
legal proceedings and transferred his case to the people's court for
trial.
Greater efforts were made in cracking down on bribe offering crimes. Of
the 9,872 bribery cases that were placed on file for investigation in the
year, 1,367 involved bribe offering, up 28 percent.
Measures were intensified in investigating and handling cases involving
dereliction of duties and rights infringements. The Supreme People's
Procuratorate worked out the Decision on Strengthening the Procuratorial
Work Relating to the Cases of Dereliction of Duties and Rights
Infringements. A total of 7,930 such cases were placed on file for
investigation in 2000, up 45 percent over the previous year. Of the total,
3,360 fell into the new crimes defined by the Criminal Law, such as
failing to collect or collecting very little taxes out of favoritism, and
conniving at smuggling or the production and sale of shoddy commodities.
There were 1,793 cases involving State functionaries infringing upon the
personal and democratic rights of citizens by abuse of power. The effort
has helped promote law-based administration and strict performance of
official duties, and strengthened judicial protection for human rights.
In light of the prominent public security problem and rampant violent
crimes in some localities, procuratorial organs have worked in close
cooperation with relevant departments to severely punish serious crimes
endangering national and economic security and public order. In 2000, they
approved the arrest of 715,833 criminal suspects and brought legal
proceedings against 708,836 of them.
Measures were taken to sternly crack down on gang organizations and
crimes by vicious groups. By the end of January 2001, procuratorial organs
had approved the arrest of more than 1,500 suspects involved in
gang-related crimes, with a considerable number of unpardonable criminals
being given legal punishment.
In the struggle against the Falun Gong cult, procuratorial organs have
followed the principles, set by the CPC Central Committee, of
"uniting, educating and redeeming the majority of practitioners and
cracking down on a small number of key members according to law".
They have decided to exempt those, who had committed minor offenses and
shown repentance, from prosecution. They have also worked with relevant
departments in educating and redeeming them so as to enable them to
completely realize the anti-human, anti-society and anti-science nature of
the Falun Gong cult. Meanwhile, they have resolutely approved the arrest
and prosecution of a small number of criminals who employed the Falun Gong
cult as a cover to engage in criminal activities, obstruct the enforcement
of laws, cause deaths and organize gatherings to disrupt the public order.
In 2000, procuratorial organs approved the arrest of 19,182 suspects
involved in crimes of abduction and trafficking of women and children, and
27,666 suspects involved in crimes related to smuggling, export rebates
fraud, and production and sale of fake and shabby commodities.
Efforts were made to conduct close supervision of criminal case filing
and investigation. Whenever a case was revealed which had not been filed,
procuratorial organs demanded public security organs to give reasons. If
the reason was not convincing, they demanded public security organs to put
the case on file. In 2000, procuratorial organs urged public security
organs to place 20,809 such cases on file, thus redressing the practice of
not filing the cases that should be filed, not investigating the offenses
that should be dealt with, and replacing penalties with fines. This helped
subject a considerable number of criminals who still remained at large to
legal punishment. They raised 14,349 cases for correction, which involved
improper coercive measures by public security organs, and put forward
suggestions for correcting the extended detention of 64,254 people during
the stage of investigation, prosecution and trial. Procuratorial organs in
Anhui, Hunan, Shanghai and Heilongjiang have introduced a countdown system
for detention period as a reminder, thus reducing the number of cases
involved extended detention.
Measures were taken to intensify supervision over the adjudication and
execution of penalties. In 2000, procuratorial organs challenged 3,798
criminal judgments and rulings, which they deemed wrong. Of them, the
courts adjudicated 1,210 cases and changed the rulings in 534 of them.
They also lodged protests against court judgments in 16,944 civil and
administrative cases. In supervision over execution of penalties,
procuratorial organs raised the cases involving 9,318 people for
correction, which involved illegal sentence reduction, release on parole
and medical parole.
Cases involving judicial personnel taking bribes and bending the law and
showing favoritism were severely dealt with. In 2000, a total of 4,626
cases involving the offenses by judicial personnel were filed for
investigation. It played an active role in promoting just enforcement of
law and purifying the judicial ranks.
Measures were taken to strengthen reexamination of cases involving
appeals. In 2000, procuratorial organs handled 27,975 appeals in criminal
cases, corrected court judgments in 1,443 cases according to law, which
were really wrong, and decided on criminal compensation in 384 cases. In
dealing with cases involving correct court judgments, procuratorial organs
were patient in making explanations to complainants.
Efforts were made to serve western development. On the basis of
investigations and research, the Supreme People's Procuratorate formulated
the Proposal on Bringing Procuratorial Functions into Full Play to Serve
Western Development. In 2000, procuratorial organs investigated and
handled more than 300 cases involving crimes related to abuse of power in
key engineering construction, ecological conservation and management of
poverty- and disaster-relief funds and materials, and approved the arrest
of 3,891 criminal suspects involved in destroying transport, energy and
communications infrastructure facilities and damaging ecological
environment. They also protected the lawful rights and interests of main
players of the market according to law, thus promoting fair competition
among different economic elements and creating a sound legal environment
for western development. 1 | 2 |
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