The methods to strengthen precise supervision are as follows:
First, update the supervision concept. Article 14 of the Civil Procedure Law stipulates that the people's procuratorate has the right to exercise legal supervision over civil litigation. The "Regulations" emphasize that the application for a protection order is not conditional on filing a civil lawsuit such as divorce, and the protection order procedure is independent and belongs to an independent case.
according to the revised provisions of the Supreme People's Court on the cause of action of civil cases in 22, the first-class cause of action of protection order is a non-litigation case, which is independent of personality rights disputes, marriage and family disputes and inheritance disputes. The Provisions further clarify the nature of the protection order procedure, that is, a non-litigation procedure and a special procedure.
second, strengthen the supervision of filing a case. Article 13 of the Anti-Domestic Violence Law stipulates that victims of domestic violence, their legal representatives and close relatives may report the case to the public security organ or bring a lawsuit to the people's court according to law. In handling cases, prosecutors should comprehensively review whether the public security organs have standardized the filing of serious domestic violence cases after receiving the report, whether they have dispatched police to stop domestic violence in time, and carry out investigation and collection.
whether the work of fixing evidence, assisting the victim to seek medical treatment, and identifying the injury has been delayed in investigation and whether the investigation activities are illegal. If the circumstances of domestic violence are relatively minor and the public security administration punishment is not given according to law, it is necessary to examine whether the public security organ gives criticism and education to the offender or issues a warning.
Third, strengthen trial supervision. In the case of procuratorial supervision of personal safety protection orders, we should focus on the following procedural issues: First, illegal charges and illegal guarantees. In July, 216, the Supreme People's Court's Reply on Relevant Procedural Issues of Personal Safety Protection Order Cases made it clear that personal safety protection order cases do not charge litigation fees and do not need to provide guarantees.
In this regard, the procuratorial organs should strengthen supervision, effectively supervise and correct the illegal collection of litigation fees or the illegal request for the applicant to provide guarantees. The second is the timeliness and privacy protection of protection orders. In order to reflect the timeliness of protection, the protection order should be made within 72 hours after accepting the application, and in case of emergency, it should be made within 24 hours, if it violates this regulation.
fourth, strengthen the governance of the source of complaint. First, give full play to the function of source governance of social governance procuratorial suggestions. In the process of handling cases, public security organs, judicial administrative departments, civil affairs departments, women's federations, medical institutions, schools, residents' committees, villagers' committees, and social work service agencies.
As for the universal and tendentious social problems reflected by relief management agencies and welfare institutions in implementing the personal safety protection order system, procuratorial organs should conduct in-depth investigation and study, carefully analyze their causes, put forward procuratorial suggestions on social governance, and implement the specific requirements of "supervising in handling cases and handling cases under supervision" to help build a China ruled by law and a safe China.
the second is to establish and improve the linkage mechanism of police and intelligence against domestic violence. Procuratorial organs should stand on the height of "I manage" and promote "all manage", fully perform their duties, actively perform their duties, conscientiously practice the people-centered judicial concept, form an anti-domestic violence linkage mechanism with up-and-down linkage, information sharing, resource integration and concerted efforts, further handle personal safety protection order cases, and establish multi-level and diversified.