How China’s Procuratorial Organs Protect Human Rights

EDITOR＇S NOTE： Following is a transcript of an interview by the Human Rights magazine with Jing Dali, chief procurator of the Hubei Provincial People＇s Procuratorate. Jing talked about how China＇s procuratorial work protects human rights in his province and what will be done to improve it.

For Better Procuratorial Work to Protect Human Rights

The Chinese Constitution calls for respecting and protecting human rights. And accordingly, people＇s procuratorates across the country take judicial protection of human rights as their primary task. They are contributing to the development of China＇s human rights cause by getting involved in cracking down on crimes in violation of human rights while seeking to improve their own work.

The New Development of Procuratorial Power in China

In order to further promote the reform of the procuratorial system and mechanism,it is necessary to first clarify the nature and developmental laws of procuratorial power.By its nature,China's procuratorial power originates from the Marxist theory of state.Under the joint influence of historical logic,the political system and actual national conditions,it demonstrates both universality and Chinese characteristics.On the basis of constitutional norms,we can discover the general laws of the evolution of procuratorial power in China;that is,on the premise of maintaining its basic attribute as legal supervisory power,its extension and operational mode are constantly readjusted in line with the changing times to realize the synchronous development of procuratorial power and national governance.In recent years,the development of Chinese procuratorial power has shown new features in actively responding to the needs of the times.This is the joint outcome of changes in the main social contradictions,the adjustment of the state power structure,the reform of the judicial system and mechanisms,etc.In constructing a socialist procuratorial system with Chinese characteristics,we should adhere to the nature of procuratorial power as legal oversight,and respect the general laws of its development.In accordance with social demands and judicial practice,we should further expand the extension of procuratorial power,innovate and enrich its operational mechanisms and realize its dynamic adjustment in tune with the times.

The Prosecutorial Protection of Digital Human Rights

In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to the protection of digital human rights.The fragile state of digital human rights and the unique position of prosecutorial agencies in human rights protection make it imperative that prosecutorial agencies place more emphasis on fulfilling their responsibilities in legal oversight to promote the protection of digital human rights.Currently,prosecutorial agencies have strengthened the protection of digital human rights through such measures as promoting legal oversight with big data,enhancing the handling of criminal cases involving citizens'digital human rights,expanding the scope of public interest litigation protecting digital human rights,and improving their roles in civil and administrative prosecution.However,there are still challenges related to the inadequacy of updating the mindset,the incompleteness of measures,and the lack of innovation in mechanisms and systems.Therefore,prosecutorial agencies should further align with the implementation of digital prosecution strategies,update their human rights protection concepts,intensify efforts to combat cybercrime,strengthen the protection of citizens'personal information through prosecution,enhance public interest protection of collective digital human rights through public interest litigation,and actively innovate prosecutorial work mechanisms and systems to bolster the protection of digital human rights.

Analysis and Practical Significance of Lenin＇s Legal Supervision Theory

In order to ensure that law can be effectively implemented, Lenin started from social reality and construction of regime in Soviet Russia, and systematically analyzed value significance and system construction of legal supervision, based on which he proposed to establish unified legal supervision system to fulfill the functions of legal supervision. The paper starts with theoretical basis and content of Lenin＇ s legal supervision, and expounds the importance of legal supervision in Soviet Russia.

Relief for Defendants Whose Litigation Rights Have Been Infringed upon by Courts: Problems and the Way Out

In regard to the people’s court’s infringement upon the litigation right of defendants,there are two relief means in our country:procuratorial supervision and appeal,neither of which can realize the goal of relief.The conflict between interrogation and defense has to do with the lack of relief mechanism.To solve the problem concerning relief to the defendant whose litigation right is infringed upon the court,independent procedural appeal mechanism must be established,the relationship between it and factual appeal must be properly dealt with.The procedure for procedural appeal should be made in accordance with the characteristics of procedural appeal.

Value Goals and Institutional Framework for the Establishment of Administrative Public Prosecution in China

中国正处于社会转型期,社会矛盾和利益纠纷呈高发态势,通过厉行法治,保证行政权正确行使,是预防、减少和妥善应对社会风险的良策。由于行政诉讼在制度架构方面的缺陷,其制度功能发挥并不充分。设置行政公诉制度,应当成为完善行政诉讼制度的一个重要选择。它具有监督和促进依法行政、引导市民社会生成、化解社会矛盾等多方面的价值,也是完善中国特色检察制度的应有之义。建立行政公诉,应当从理念和制度建构等不同层面予以设计。