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In addition to the brigade, the case review brigade may also set up another squadron or detachment.
Taking Sichuan Province as an example, the case review brigade and squadron are specially responsible for case review, unified case export, and the establishment of case review detachments is an important part of the province's public security law enforcement supervision mechanism reform.
In order to strengthen the regulation and restraint of the law enforcement power of the public security organs, the Sichuan Provincial Public Security Department issued the "Implementation Opinions on Reforming and Improving the Law Enforcement Supervision Mechanism" last year
1. Reform and improve the hierarchical supervision system.
In response to prominent problems in law enforcement, the provincial and municipal public security organs have organized and carried out law enforcement inspection and supervision activities from time to time in the form of open and secret visits, on-site guidance, social investigations, and case file verification.
2. Improve the filing and review system, and major cases handled by the public security organs at the next level, major law enforcement decisions made and law enforcement normative documents formulated should be reported to the public security organs at the next higher level for filing and review.
3. Reform and improve the audit and supervision mechanism. In addition to setting up special case review teams for the first time, the law enforcement service departments and police stations of public security organs at the city and county levels have comprehensively set up full-time or stationed legal personnel to strengthen the review and supervision of criminal and administrative cases in their own departments and units.
4. Improve the case review mode, so that all cases other than those involving secrets are handled and circulated through the online case-handling system, and all case materials are entered into the online case-handling system for review.
6. Reform and improve the case-by-case supervision mechanism. Strengthen the control of law enforcement at the source, and access law enforcement information such as monitoring information and case circulation information to the legal department and supervision department, so as to realize the comprehensive application and process monitoring of law enforcement information, and strengthen the prevention of extortion of confessions by torture and the source of illegal evidence collection.
7. Comprehensively implement a system of lifelong responsibility for the quality of case handling and accountability for wrongful cases, and strictly pursue responsibility for wrongful cases in the person in charge, the person in charge, and the person directly responsible for wrongful cases.
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After all, the pretrial system has been legally abolished, and the pretrial department of the public security organ is mainly a law enforcement supervision agency within the public security organ, and it is a necessary link in the handling of the case to supervise and review the cases handled by the various case-handling units under the public security organ. Any materials you have and questions you need to respond to should be conveyed through the case handling department. In addition, if the pre-trial department disagrees with the case and does not agree to transfer it to the procuratorate, then there is a problem with the handling of the case by the case-handling department, but there should not be a situation where the case is not sent to the procuratorate when it expires, which is a crime, and the current law stipulates that the maximum period of criminal detention is 37 days.
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Legal analysis imitation: The case review brigade, also known as the case review brigade, can also set up squadrons and detachments in addition to the brigade. Taking Sichuan Ranlu Province as an example, the case review brigade and squadron are specially responsible for case review, unifying the export of large case skin belts, and setting up a case review detachment is an important part of the reform of the law enforcement supervision mechanism of the province's public security.
Legal basis: Administrative Punishment Law of the People's Republic of China
Article 4: Where citizens, legal persons, or other organizations violate the order of administrative management and shall be given administrative punishments, they shall be provided for by laws, regulations, and rules in accordance with this Law, and shall be carried out by administrative organs in accordance with the procedures provided for in this Law.
Article 5: Administrative punishments follow the principles of fairness and openness. The establishment and implementation of administrative punishments must be based on facts, and be commensurate with the facts, nature, circumstances, and degree of harm to society of the violation. Provisions for imposing administrative penalties for violations of the law must be made public; Where it has not been announced, it must not be the basis for administrative punishments.
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Legal analysis: In addition to the brigade, the case review brigade, also known as the case review brigade, can also set up another squadron or detachment. The case review brigade and squadron, Feng Yinfan is specially responsible for case review, unified case export, and the establishment of a case review detachment is an important part of the reform of the law enforcement supervision mechanism of the province's public security.
Legal basis: "Regulations on the Trial of Cases by the Party's Discipline Inspection Organs".
Article 9: The tasks of case trial work are: reviewing and handling cases of violations of Party discipline by Party members or Party organizations, as well as cases of re-examination. Realistically check the facts and facts of cases of violating Party discipline, review and identify evidence, analyze and identify the nature of the problem in accordance with the Party's policies and state laws and regulations, and correctly deal with Party members or Party organizations who violate Party discipline in accordance with the provisions of the Party Constitution, the Party's consistent policy on Party members who have made mistakes, and the prescribed procedures.
Article 10 Scope of Duties:
1) Hearing cases of violations of Party discipline approved by the Discipline Inspection Commission at the same level or the Party committee at the same level in accordance with the scope of approval authority;
2) Hearing cases submitted to the Commission for Discipline Inspection or Party committees at a higher level for approval;
3) Hearing particularly important or complex cases reported by lower-level discipline inspection commissions;
4) Hearing cases in which a lower-level discipline inspection commission has a different opinion on a decision of a Party committee at the same level to handle a case, requesting a review or reconsideration;
5) Hearing cases reported by lower-level discipline inspection commissions for filing;
6) Hearing other cases assigned by leading comrades;
7) Accept appeals from Party members who are dissatisfied with the sanctions or conclusions received in cases approved by the Party committee or discipline inspection commission at the same level, or in cases approved by the Party committee or discipline inspection commission at the level above;
8) Investigate and study case trial work and the enforcement of Party discipline, draft provisions on the standardization of case trial work, and conduct operational guidance for the trial work of lower-level discipline inspection commissions;
9) Typical cases of silver hail are selected for the purpose of conducting education on party spirit, party style, and party discipline.
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