标签： 上海后花园 爱上海

　　　　On September 1st, the Provisions of Taiyuan People’s Procuratorate on the Application of Criminal Reconciliation in Handling Minor Criminal Cases (Trial) came into effect.

　　　　Set the original intention, resolve social contradictions and save judicial resources

　　　　Zhang, a middle school student in Xinghualing District, Taiyuan City, stabbed a person seriously in 2006. After accepting the case, the Xinghualing District People’s Procuratorate visited the victim and his relatives, and went to Zhang’s school to make a detailed study of his daily life. The procuratorate learned that Zhang is usually very dutiful, and although his academic performance is not very good, he has been rising steadily. Li, who was three years older than him before the incident, was bullied many times. After the parents learned about it, they took Zhang to the Li family to discuss the argument. However, Li was abusive to Zhang’s parents. Zhang was angry for a while and smashed Li into a serious injury. The two parties reached an agreement on civil compensation, and the Xinghualing District People’s Procuratorate finally made a decision not to prosecute.

　　　　This case has become a typical case encountered by Taiyuan People’s Procuratorate in the exploration of criminal reconciliation system.

　　　　"Such a child, just a moment of anger made an excessive move, subjective malignancy is very small. If he is sent to prison, his future life may be completely changed, and some teenagers will be’ infected’ again after being imprisoned, and they will completely embark on a wrong path. " Nan Li Ming Dow, Director of Public Prosecution Division I of Taiyuan Procuratorate, explained the original intention of the criminal reconciliation system.

　　　　The "Regulations" determine that in the process of minor criminal cases, the criminal suspect can actively gain the understanding of the victim by pleading guilty, apologizing, financial compensation, etc., and reach a criminal settlement agreement with the victim. After confirmation by the procuratorial organ, the procuratorial organ will make a decision not to prosecute the criminal suspect.

　　　　According to reports, in reality, if criminal sanctions are imposed on a large number of cases, under the existing judicial mechanism, both the offender and the victim are in a situation of mutual loss for a long time. For example, neighbors’ relationship, because one side’s head is broken and one side’s nose is interrupted at a moment’s quarrel, constitutes a minor injury. After the implementation of criminal sanctions, neighbors may die of old age, but it will increase social contradictions.

　　　　"Frankly speaking, prosecuting all these cases will not only have a bad social effect, but also waste judicial resources. Regardless of whether the case is big or small and involves prosecution, all procedures are actually exactly the same. The whole procedure has to be taken once. " A prosecutor said.

　　　　It is reported that from 2005 to 2006, Taiyuan City prosecuted 5,806 criminal cases with 9,223 people, among which 1,912 cases with 2,622 people were sentenced to fixed-term imprisonment of less than three years, accounting for 28% of the total number. There is considerable room for criminal reconciliation.

　　　　Experts analyze the theoretical basis of criminal reconciliation

　　　　According to Li Qi, an associate professor of Shanxi University Law School, criminal reconciliation has its profound theoretical basis.

　　　　First of all, criminal reconciliation is the requirement of implementing the criminal policy of combining leniency with severity. There are various criminal cases, and the circumstances of the crime are light and heavy, which requires different resolution mechanisms for cases of different nature, so as to make the strictness strict and the leniency lenient. For those minor cases, the application of criminal reconciliation instead of blindly emphasizing the investigation of criminal responsibility can not only eliminate the opposing feelings of both parties, protect the rights and interests of the victims, urge the perpetrators to confess their sins and mend their ways, turn negative factors into positive ones, but also save judicial resources.

　　　　Secondly, criminal reconciliation embodies the characteristics of China traditional culture. In the traditional culture of China, there is a spirit of "harmony is the most important". Reconciliation based on distinguishing right from wrong and consultation between the two sides is conducive to social stability.

　　　　Thirdly, criminal reconciliation adapts to the trend of restorative justice in the international community. The focus of restorative justice is not the pursuit of punishment for crimes, but the pursuit of order reconstruction and social harmony. Procedurally, restorative justice also pays more attention to consultation and reconciliation. From the practical point of view, restorative justice has become a rising judicial reform movement in the international scope, and has also achieved remarkable results in preventing crimes, reducing judicial investment and safeguarding the interests of victims.

　　　　Finally, criminal reconciliation is in line with the spirit of China’s current laws. China’s criminal law, criminal procedure law, etc., have some provisions on non-penalty punishment methods, mediation and reconciliation for minor cases. However, due to the lack of detailed legal provisions, the scope of application of these provisions and procedures has been greatly limited, and the positive functions have not been fully exerted. Therefore, it is very necessary to improve and refine the operating procedures.

　　　　Scope of application Five kinds of minor criminal cases

　　　　According to the "Provisions on the Application of Criminal Reconciliation in Handling Minor Criminal Cases (Trial)" promulgated by Taiyuan Municipal People’s Procuratorate, criminal reconciliation is applicable to minor criminal cases that meet one of the following circumstances: (1) The criminal suspect has a statutory lighter, mitigated or exempted punishment; (2) The criminal suspect is a negligent offender, a first-time offender or an occasional offender; (3) The criminal suspect is a minor, an elderly person or a student at school; (4) The victim is obviously at fault; (five) the case is caused by disputes between relatives and friends, neighbors, colleagues or classmates.

　　　　In practice, criminal reconciliation can easily cause people’s worries about "buying punishment with money". In this regard, the head of the criminal reconciliation research group explained that although criminal reconciliation pays attention to protecting the interests of victims, criminal suspects, the state and society also benefit from it. Through criminal reconciliation, victims can be prevented from retaliating against criminal suspects and criminal suspects can be prevented from endangering society again, which not only embodies the protection of human rights, but also plays a positive role in controlling the occurrence of social crimes. Therefore, criminal reconciliation is a judicial idea and model to prevent crime from the victim’s point of view, which embodies humanistic care and social civilization and progress, and should not be misunderstood as "buying punishment with money".

　　　　In addition, in criminal reconciliation, the "power" of procuratorial organs is remarkable. In this regard, the person in charge of the research group introduced that the procuratorial organ is a legal supervision organ. If the criminal suspect and the victim reach a settlement, they shall apply to the procuratorial organ for confirmation. The procuratorial organ is not the host of criminal reconciliation, but the supervisor of criminal reconciliation. In practice, we should try to avoid the interference of "public power" on the will of both parties.

　　　　Procuratorial organs also have corresponding supervision and restriction mechanisms in the application of criminal reconciliation. If the grass-roots procuratorial organ intends to make a decision not to prosecute by applying criminal reconciliation to minor criminal cases, it shall be discussed and decided by the procuratorial Committee and reported to the Taiyuan Municipal People’s Procuratorate for approval; After accepting the request from the grass-roots procuratorial organs, the Taiyuan Municipal People’s Procuratorate shall report it to the procurator-general for decision or the procurator-general shall submit it to the procuratorial committee for discussion and decision.

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　　　　● What are the conditions for the procuratorial organ to confirm that the parties have settled?

　　　　If the settlement agreement meets the following conditions at the same time, the procuratorial organ shall confirm that the criminal suspect and the victim have reconciled: (1) The criminal suspect pleads guilty and repents, apologizes to the victim, and makes corresponding commitments in writing; (2) The criminal suspect and the victim have reached a consensus on civil compensation matters, which have been fully fulfilled; (3) The victim expresses forgiveness for the criminal suspect.

　　　　● What happens when the procuratorate does not confirm that the parties have settled?

　　　　If the settlement agreement has one of the following circumstances, the procuratorial organ shall not confirm it: (1) it infringes on the national interests, social public interests and the legitimate interests of other citizens; (two) against the true meaning of the parties; (3) Violating the prohibitive provisions of laws and administrative regulations.

　　　　● What corresponding supporting measures does the procuratorial organ have after criminal reconciliation and non-prosecution?

　　　　Within one year after the implementation of the decision not to prosecute, the person who is not prosecuted shall regularly report to the procuratorial organ in writing his compliance with laws and regulations and his commitment. The procuratorial organ shall pay a return visit to the person who is not prosecuted and the victim. (Reporter Yuan Wei)

Editor: Wang Yuxi

Figure/vision china

Yangcheng Evening News reporter Shen Zhao

　　In the internet industry, the word "retirement" has been out of the loop recently. This is very different from the "996" that people will think of when they mention Internet companies. The starting point of all this is that Tencent, the "Goose Factory", has recently announced that it will upgrade its employee care policy and introduce and improve employees’ retirement benefits. The above policies clarify the various rights and interests that Tencent employees can enjoy when they retire legally. Among them, at the node where they have been employed for 15 years, employees can choose to "retire early" even if they have not reached the retirement age, and enjoy the retirement benefits introduced before.

　　"Early retirement" is what many young migrant workers dream of, and Tencent’s move can be described as a stone stirring up thousands of waves. However, the Yangcheng Evening News reporter found out that while netizens are discussing "employee benefits" and "anti-involution", words such as "working overtime as usual" and "35-year-old consensus" still occupy a large proportion.

　　Internet giant wolf culture turn? "Anti-involution" and "Reducing Overtime"

　　In recent years, in the fierce competition of the Internet, in order to get more output, workers in large factories have passively "rolled up", and the practice and argument of "big and small weeks" and "996 is a blessing" are not surprising. In this year, the big factories that have always advocated the "wolf-like" culture suddenly turned collectively this year, and started to cancel the big and small weeks one after another, and some even "strictly controlled" the overtime hours of employees.

　　In June this year, Tencent’s Photonic Studio piloted the "first shot" against the "996" overtime culture. It was forced to leave work at 6 o’clock on Wednesday and leave the office no later than 9 o’clock on other working days. Overtime in violation of regulations will be punished. Many people think that this has given Internet companies a good start.

　　Sure enough, three companies, Aauto Quicker, ByteDance and Meituan, quickly followed suit and cancelled the "anti-involution" mode. On June 24, Aauto Quicker took the lead in announcing that the week will be cancelled from July 1, and employees will work overtime as needed. The company will pay overtime wages to employees in accordance with relevant regulations; On July 9, ByteDance announced that it will cancel the week of size from August 1, and teams and individuals who need it from August can submit overtime applications through the system; On July 14, Meituan’s community group buying business Meituan Optimization was also exposed to cancel the size week.

　　But in fact, after the above-mentioned companies announced the cancellation of big and small weeks, different voices appeared. For example, a previous survey in ByteDance showed that one third of employees supported the "big week" model. According to the company’s "big and small week" system, there are two Sundays to go to work every month, and double wages will be paid. For many employees, the cancellation of large and small weeks is equivalent to the cancellation of weekend overtime work with double wages for two days every month, and the monthly salary has been "generally reduced" by four days. According to the average monthly salary of 25,100 yuan in ByteDance, the loss of overtime pay for two days a month means that the salary will drop by 19% (nearly 5,000 yuan).

　　Worried about "limiting overtime workload"? Implementing actions is more important than superficial compliance.

　　The controversial point is not limited to this. For many Internet workers, the changes in the system seem to have no obvious impact on their work rhythm. In terms of pulse, some netizens expressed their concern: "Although the week of size has been cancelled, the workload is not small, and the off-duty time has become late. Now I walk one hour late every day."

　　In fact, it is a fact that "996" is illegal. On August 26th, the Ministry of Human Resources and Social Security and the Supreme People’s Court jointly released a typical case of labor and personnel disputes over overtime, in which it was clearly stated that the "996" working system seriously violated the provisions of the law on extending the upper limit of working hours and should be deemed invalid. In this regard, some netizens expressed the hope that the "anti-involution" of Internet manufacturers will not only stay on the surface of compliance, but also be implemented in action.

　　In this regard, Dong Yizhi, a special researcher of the Network Economic and Social E-Commerce Research Center and a lawyer of Shanghai Yida Law Firm, said in an interview with the Yangcheng Evening News reporter that the overtime problem of Internet companies is essentially related to the development model of Internet companies. Dong Yizhi said: "Although Internet companies in China have some innovations, their competitiveness in the international arena is still relatively weak. This mode of working overtime through employees is not recognized and advocated by everyone in the future. The adjustment of the current Internet giant is also a more realistic choice. "

　　Zhang Yi, CEO and chief analyst of Ai Media Consulting, told the Yangcheng Evening News reporter that this restriction on overtime work by big manufacturers is generally a manifestation of their practice of social responsibility. But in fact, due to the fierce competition between internal and external manufacturers, in practice, a lot of work must be completed in time, making it difficult for employees to really reduce overtime.

　　The welfare promotion measures of "anti-involution" are not limited to salary increase and equity incentive.　

　　In addition to "reducing overtime", major Internet companies also introduced a number of employee welfare policies in the first year of "anti-involution" in 2021, including but not limited to salary increase and equity incentives.

　　The job market in the Internet industry is highly mobile, and equity incentive is a sharp weapon for enterprises to attract talents. The higher the level of employees, the more attention they pay to equity/option rewards. On July 6th, Xiaomi issued a new stock incentive plan after the Young Engineer Incentive Plan awarded 3,904 outstanding engineers, and awarded 119.65 million shares of Xiaomi to 122 people, including technical experts, the first batch of entrepreneurs in the new decade and middle and senior managers.

　　JD.COM announced in a high-profile way that from July 1, 2021 to July 1, 2023, it will take two years to gradually increase the average annual salary of JD.COM Group from 14 to 16, directly for two months. Once this salary increase notice was released, it immediately rushed to the top of Weibo’s hot search.

　　The news of "the strongest employee benefits" comes from Tencent. On November 5th, Tencent officially launched the employee retirement treatment plan. The scheme shows that employees can enjoy customized souvenirs, long-term service thank-you money and retirement honor money at the same time when they retire legally. Among them, the long-term service thank-you payment is a fixed salary of 6 months, and the retirement honor payment is one of "service life payment" and "50% unreleased stock option".

　　Soon after, Tencent once again publicly released the employee care upgrade plan, and proposed the "early retirement" plan for employees for the first time. Upgrade the employee’s "career milestone" to six important nodes: 1 year, 5 years, 10 years, 15 years, 20 years and legal retirement, and each node can enjoy different physical gifts or special rights. In the node where employees have been employed for 15 years, even if they have not reached the retirement age, they can choose to "retire early" and enjoy the retirement benefits introduced before. It is also this news that makes netizens "boiling".

　　Is early retirement a "pie" or a welfare? How to break the "35-year-old consensus" of Internet companies?

　　In fact, the Internet industry has always had an unwritten "35-year-old consensus". If a person is still working in a basic post over 35 years old, then he is easily "optimized". It is worth mentioning that Pulse Data Research Institute recently released a survey to sort the average age of employees in large Internet companies in China. The results show that the average age of employees in these companies ranges from 27 to 33. Among them, the average age of Tencent employees is the youngest among the old BAT (Baidu, Ali, Tencent), and the average age of employees is only 29 years old.

　　Based on the above statistics, some analysts even think that the early retirement policy issued by Tencent is a welfare on the surface, but it is actually a pie. Even the deeper meaning behind it: I don’t want older employees to continue to occupy the pit. Therefore, for ordinary migrant workers with early retirement dreams, "is there any chance to retire?" "Is there enough money after retirement?" This is the real problem.

　　In this regard, Zhang Yi believes that Tencent’s early retirement plan not only has one aspect for employees to consider, but also has one aspect for the enterprise itself. "A large number of old employees stay in this position, and newcomers have no more opportunities for promotion." Zhang Yi said that the Internet needs constant innovation. Tencent has gone through such a long course of 23 years, and it has fallen behind in innovation. Therefore, it may become an inevitable way for the healthy development of enterprises to increase innovation, increase the promotion of young people and let old employees retire early.