Prof. Wang Xin and Prof. Che Hao Attended the Symposium of Experts of the Supreme People's Procuratorate to Talk About How Procuratorate Fight with COVID-19 and the Normal Performance of Duties
Date:2020-05-11
On the morning of April 15, the Supreme People's Procuratorate held an expert symposium and invited Prof. Fan Chongyi from China University of Political Science and Law, Prof. Han Dayuan from Renmin University of China, Prof. Wang Xin and Prof. Che Hao from Peking University Law School, Prof. Zhang Jianwei from Tsinghua University Law School and Prof. Lin Wei of Chinese Academy from Law School of University of Chinese Academy of Social Sciences to participate in the symposium. Offering suggestions on how Procuratorate may fight with COVID-19 and perform normal duties. The Expert Symposium was convened by Zhang Jun, the Party Secretary and General Procurator of the Supreme People's Procuratorate, Sun Qian, Tong Jianming, Zhang Xueqiao, and Chen Guoqing, Deputy General Procurators of the Supreme People's Procuratorate, as well as Wan Chun, one of members of the Prosecutorial Committee of the Supreme People's Procuratorate and heads of relevant departments of the Supreme People's Procuratorate attended and participated in the symposium.
At the symposium of experts, Prof. Wang Xin made a keynote speech entitled "Rational Judicature and Rule of Law Thinking Should be Solidified During the Anti-virus Period". He affirmed that during the anti-virus period, the Supreme People's Procuratorate published nine batches, 50 typical cases related to virus situation, showed the positive initiative of procuratorial organs in fighting with virus by law to public, and discussed his own ideas from the perspective of concept and rule of law. Prof. Wang Xin, while affirming that the procuratorial organ delivered a nice transcript during the anti-virus period, put forward three suggestions: First, after this period, how to sum up good experience of the procuratorial organ in the anti-virus struggle, find out the "handgrip" around the function of the procuratorial organ and solidify the experience, and take this opportunity to make judicial interpretation of the crime of endangering public health in conjunction with the Supreme People's Court, so as to strengthen the mature and fixed judicial experience; Second, he suggested that the Supreme People's Procuratorate choose the best cases from the nine batches published typical cases and take them as guiding cases so as to strengthen its guiding significance; Third, there are many problems in the application of the law of the crime of defrauding loans.
Prof. Che Hao made a keynote speech entitled "Using Professional Ideas to Guide Case Handling Practice", affirming that during the epidemic period, the Supreme People's Procuratorate gave full play to the function of using professional ideas to guide national procuratorial organs to handle cases within the framework of the rule of law. He also puts forward three suggestions on how to deal with unexpected incidents: First, the overall criminal policy must take into full account the changes and drastic impact of unexpected incidents on the social environment, and make policy in this context; Second, the specific types of crime need specific criminal policy; Third, the application of specific criminal law through criminology.
Translated by: Wang Hui