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How to perform the duties of a prosecutor well

As the main body of law enforcement, prosecutors must have the professional qualities and accomplishments that law enforcers should have. The professional qualities of prosecutors include knowledge structure, legal theoretical basis, law enforcement level and personal accomplishment. Personal cultivation is the cultivation and cultivation of personal knowledge, emotions, will, beliefs, words, deeds and habits. It is a state achieved by individuals after experiencing the process of self-understanding, self-anatomy, self-education and self-improvement. Personal cultivation includes moral cultivation, cultural cultivation, party spirit cultivation, professional ethics cultivation, etc. 1. To perform legal supervision functions, prosecutors must strengthen their own cultural accomplishment. The so-called "culture" is the sum of humanistic culture and scientific and technological culture. The so-called "cultivation" means absorbing and learning in order to lay the foundation of a knowledge system. The so-called "cultivation" means refining, criticizing, reflecting and even sublimating based on the knowledge gained through "cultivation". Generally speaking, cultural accomplishment refers to the skills of understanding, researching, analyzing, and mastering some subjects in humanistic culture and scientific and technological culture, and the ability to independently think, analyze, summarize, and derive one's own world view and values. Those who only cultivate but not cultivate are idiots who only know how to study. If you cultivate without cultivating, you are a madman who is keen on subjective conjecture. Having a relatively comprehensive knowledge system, thinking while learning, and constantly improving one's outlook on life, values, and world view are the core and symbol of cultural accomplishment. The cultural cultivation of prosecutors is a long-term process. 1. As a prosecutor, you must strengthen your study and accumulate knowledge. Humanistic knowledge, scientific and technological knowledge, modern economic knowledge, social management knowledge, and legal and regulatory knowledge must be extensively studied and studied carefully, constantly accumulate and enrich subject knowledge, change one's own knowledge structure, and lay a solid foundation for law enforcement and case handling. It is necessary to change the single knowledge structure of prosecutors, who only study and pay attention to knowledge of laws and regulations and ignore knowledge in humanities, social sciences, modern economy, and management, and strive to become expert and comprehensive talents who are business-oriented and knowledgeable in China. 2. As a prosecutor, you must continue to practice, summarize and improve in your studies. The purpose of learning is to practice and apply. Only in practice can we know the shortcomings, only in practice can we discover problems, and only in practice can we solve specific problems. Only through practice can we accumulate experience, learn lessons, discover shortcomings, and think about methods and ways to solve problems. The ancients said, "Learning without thinking will lead to failure; thinking without learning will lead to peril." This is the truth. Through the repeated process of learning-practice-re-learning-re-practice, we apply what we have learned and continuously improve our ability to analyze, research and solve problems. 3. As a prosecutor, you must strengthen your moral character through learning. As the enforcers of the law, prosecutors must firmly establish the modern law enforcement concept of "prosecuting for the public and enforcing the law for the people" and abide by the professional ethics of "loyalty, fairness, integrity, and civilization". Loyalty means being loyal to the party, the country, the people, the facts and the law, the people's procuratorial cause, fulfilling one's duties, and being willing to contribute. Loyalty is the political essence of prosecutors. Justice means advocating the rule of law, being objective and realistic, exercising procuratorial power independently in accordance with the law, adhering to equality before the law, and consciously safeguarding procedural fairness and substantive fairness. Impartiality is the professional norm of prosecutors. Integrity means being a model of discipline and law-abiding, maintaining integrity, being indifferent to fame and fortune, not showing favoritism, being self-respecting, and accepting supervision. Integrity is the basic moral character of prosecutors. Civilization means strict law enforcement, civilized handling of cases, uprightness, the courage to supervise, the courage to correct mistakes, and the defense of the dignity of the Constitution and law. Civility is the working style of prosecutors. 4. The ultimate goal of prosecutors’ cultural cultivation is to firmly establish a correct world outlook, outlook on life and values. This has very important practical significance for prosecutors to enforce the law fairly and honestly. World view, also called cosmology, is people's general and fundamental view of the entire world and the relationship between man and the world. The world view is based on a person's scientific, systematic and rich understanding of nature, life, society and spirit. It includes the view of nature, society, life, values, history, material view, movement view and time and space view. . A worldview is not just a matter of understanding, but also includes firm beliefs and positive actions. As a prosecutor, you must establish a socialist world view, strengthen communist ideals and beliefs, advance with the times, develop scientifically, and strive for the cause of communism throughout your life. The outlook on life is the fundamental view of the purpose and meaning of life formed by people in practice. It determines the goals of people's practical activities and the direction of life, as well as the value orientation of people's behavior and their attitude towards life. The outlook on life is an important part of the worldview and is restricted by the worldview. As a prosecutor, you must establish a outlook on life that serves the people wholeheartedly, keep your purpose in mind, fulfill your mission, enforce the law impartially, and safeguard the authority of the Constitution and law. Values ??are cognitions, understandings, judgments or choices based on people's certain thinking and senses, that is, a kind of thinking or value orientation by which people identify things and distinguish right from wrong, thus reflecting the certain value or role of people and things. As a prosecutor, you must establish the values ??of fairness and justice, advocate the law, be objective and truth-seeking, be indifferent to fame and fortune, pursue persistently, and be a legal person who safeguards social fairness and justice. 2. Prosecutors must adhere to basic law enforcement principles when performing their legal supervision functions. As prosecutors of national legal supervision agencies, in the process of performing legal supervision duties, they must adhere to the procuratorial work theme of "strengthening legal supervision and safeguarding fairness and justice" and uphold the law enforcement principles of fairness, strictness, standardization, civility, and integrity. 1. Justice is the value pursuit of law enforcement.

There is a famous saying in Bacon's "On Justice": "An unfair trial has more negative consequences than ten crimes." Justice is the fundamental pursuit and most basic principle of modern justice. Our country's Constitution and Criminal Procedure Law clearly stipulate that everyone is equal before the law, which requires our law enforcement officers to treat every citizen equally and deal with them fairly. The consequence of unfair and lax enforcement of the law is to seriously damage the credibility of the judiciary, damage the image and reputation of the party committee and government among the people, lead to strong dissatisfaction of the broad masses of the people with the judicial organs, affect the overall harmony and stability of the society, and are not conducive to the healthy development of the economy and society. . 2. Strictness is the basic principle of law enforcement. Whether it is the old legal principle of "there are laws to abide by, laws must be followed, law enforcement must be strict, and violations must be punished" or the new legal principle of "scientific legislation, strict law enforcement, fair justice, and all people abide by the law", both will be strictly enforced. Law enforcement as a basic principle of the rule of law. Strict law enforcement has two levels of meaning. One is to comply with legal provisions. When enforcing the law, we must adhere to the law, that is, based on the law. It is not illegal if there is no express provision in the law, and law enforcement must be based on evidence. The second is to strictly implement legal provisions. When applying the law specifically, neither arbitrary expansion of legal provisions nor arbitrary restrictions on legal provisions must be adhered to. It is necessary to accurately grasp the boundaries between crime and non-crime, this crime and that crime, correctly apply the law, be lenient when it should be, and be strict when it is strict. It is never allowed to elevate illegal acts to crimes and be punished, nor is it allowed to reduce crimes to illegal ones. deal with. 3. Standards are the greatest guarantee for law enforcement. Only norms can promote fairness and justice. Standardization means carrying out law enforcement case handling and criminal litigation activities in strict accordance with the procedures, methods, steps, time limits, etc. stipulated by law. Norms include procedural norms, behavioral norms, language norms, etc. Procedural standards refer to carrying out law enforcement and case handling activities in strict accordance with the procedures prescribed by law, and no modification or omission of certain litigation procedures or links is allowed. As a prosecutor, you must follow the provisions of the "Criminal Procedure Law", "Civil Procedure Law", "Administrative Procedure Law", "Criminal Procedure Rules" and "Basic Norms for Procuratorate Law Enforcement and Case Handling" to perform legal supervision functions. The code of conduct means that law enforcement and case handling activities must comply with prohibitive provisions such as laws and regulations, and must not harm the rights and interests of the parties or damage the image of the procuratorial agency. Specifically, it is necessary to abide by relevant laws, regulations and prohibitive regulations on law enforcement and handling of cases by the Central Commission for Discipline Inspection, the Central Political Commission, and the Supreme People's Procuratorate. For example, it is strictly prohibited to use violent evidence collection, illegal use of investigative measures, and implement the "Eight Do's and Eight Don'ts" and the "Nine Provisions". Mandatory Regulations", "Eight Prohibitions on the Investigation of Occupational Crimes", etc. Language and writing standards refer to civilized language, standardized language, professional language and accurate expression. In law enforcement and case handling, the language must not be vulgar or personal insults to the parties concerned; the words must not express the intended meaning and lead to ambiguity and incomprehension. When preparing legal documents, it is necessary to correctly quote legal provisions and use professional terminology, and accurately describe relevant facts and evidence. 4. Civilization is the fundamental requirement for law enforcement. Civilization and barbarism are relative. Civilized law enforcement means adhering to the concepts of people-oriented, administration according to law, and law enforcement for the people, fully respecting human rights in law enforcement, respecting the law and following law enforcement procedures, and handling cases objectively and fairly. Civilization always progresses with the progress of human society, and it is also a symbol of the progress of human society. The judiciary is progressing, and civilization has become an inevitable requirement of modern judiciary. The violence and barbarism in the feudal judicial system have been almost completely wiped out in the course of history, replaced by civilization and rationality. However, in modern justice, there are always people who more or less apply violence and brutality in law enforcement and handling cases. This is not only a bad judicial practice, but also a disregard for the law and human rights. As a prosecutor, you must respect the law and human rights, enforce the law in a fair and civilized manner, and enforce the law rationally and peacefully. 5. Integrity is the professional ethics of law enforcement. "Gongsheng begets honesty and integrity," is the motto that many officials in the Ming and Qing Dynasties used as a warning to themselves. This should also become the lifelong creed of our legal professionals. As a prosecutor, when performing legal supervision functions, you must not only enforce the law fairly, but also enforce the law with integrity. Integrity is the basic moral character and professional ethics of prosecutors. Only by adhering to the true nature of integrity can we enforce the law fairly. The result of using power for personal gain and trading money and power is the blasphemy of the law, which will inevitably lead to unfair justice. As a prosecutor, you must maintain poverty, endure loneliness, and withstand temptation, do not talk about personal feelings, do not bend the law, do not neglect good deeds because they are small, do not do evil because it is small, and be loyal. Protect the power of the law. 3. The relationship between prosecutors’ cultural accomplishment and fair and honest law enforcement. Cultural accomplishment is the basic quality necessary for prosecutors to enforce the law fairly and honestly. Law enforcement activities are a complex process of applying laws, reviewing and judging evidence, and using logical reasoning to draw conclusions. In this process, not only legal knowledge and legal theories must be used, but also other social science knowledge, such as criminal science and technology, investigative science, psychology, logic, etc. This knowledge requires our prosecutors to accumulate through daily study and apply it in practice. If our prosecutors do not strengthen their studies, master the necessary knowledge, theories, and skills for law enforcement and case handling, and do not improve their ability to discover, analyze, and solve problems through their own cultural accomplishments, they will not have basic law enforcement and case handling abilities. Of course, It is impossible to enforce the law and provide good services. Cultural accomplishment is the basic guarantee for prosecutors to enforce the law fairly and honestly. Cultural accomplishment is an important part of personal accomplishment.

Through cultural cultivation, our prosecutors not only improve their analysis, judgment and logical thinking abilities, but also establish and improve their world view, outlook on life and values ??through cultural cultivation, clarify the direction of life, and understand the principles and principles of life. Let yourself know right from wrong, distinguish truth from falsehood, know integrity and shame, observe etiquette and justice, be honest, stick to the moral and legal bottom line, and ensure fair and honest law enforcement. Fair and honest law enforcement promotes prosecutors to strengthen their cultural accomplishment. As a prosecutor, you must enhance your legal, cultural and other comprehensive qualities, and strive to become a specialist in Chinese law and high-quality case handling, a generalist who is good at communication and fair, and a person who is energetic, wise and courageous. To this end, prosecutors must persist in learning and enhance their legal quality. It is necessary to actively participate in various business and skills training, and strive to improve their ability to develop functional services, review evidence to fight crimes, discover clues to break through cases, dare to supervise and correct violations of law, and focus on research, development and innovation. It is necessary to strengthen self-study, constantly recharge, and enhance cultural quality. Establish the concept of lifelong learning, socialize less and read more, and regard it as a duty to study modern economy, technology, literature, philosophy, history, art, etc., and rely on extensive knowledge to analyze various legal relations and non-legal issues in intricate prosecutorial activities. Come up with clues, handle cases correctly, and solve specific problems. Fair and honest law enforcement is an important way to improve the cultural accomplishment of prosecutors. The law enforcement principles of fairness, strictness, standardization, civility and integrity require our prosecutors to continuously strengthen their studies and improve their cultural quality and personal accomplishment. In the process of law enforcement and case handling, prosecutors must learn relevant knowledge, laws, systems, norms and their legislative spirit, legal history, legal origins, cultural background, etc., regulate law enforcement activities with laws and systems, and restrain them with disciplines and regulations own behavior. This not only promotes prosecutors' learning, but also improves their own cultivation. Therefore, fair and honest law enforcement is also an important way for prosecutors to enhance their cultural accomplishment. Cultural accomplishment and fair and honest law enforcement are complementary processes. Prosecutors will encounter various problems in law enforcement and case handling. In the process of solving these problems, our prosecutors will inevitably learn relevant knowledge, seek methods and approaches to solve problems, and summarize the experience and lessons of law enforcement and case handling. This is both A process of problem solving is also a process of learning and improvement. Practice in learning, learn in practice, and repeat, not only improve the level of law enforcement and case handling, but also strengthen one's own cultural accomplishment.