廉政中国
2025-07-23 14:36:14
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在 3 月 8 日召开的十四届全国人大三次会议第二次全体会议上，最高人民法院院长张军、最高人民检察院检察长应勇分别作了最高法、最高检工作报告。围绕网民关心的热点话题，新华访谈采访了最高法办公厅副主任海伟、最高检办公厅副主任杨剑波，解读两高工作报告。
“偷拍窃听”首次写入最高法工作报告缓解老百姓被偷拍焦虑
依法惩治偷拍窃听违法犯罪，是首次写入最高法工作报告。此类所谓“小案”，不仅严重侵犯个人隐私，更严重影响公众安全感，对此，人民法院积极作出回应，依法予以惩治。今年报告中又专门讲到这项工作，就是要进一步亮明从严惩治的态度，有力震慑此类违法犯罪，有效缓解老百姓“被偷拍焦虑”。
严惩缅北跨境电诈犯罪
人民法院对电信网络诈骗犯罪始终坚持依法严惩，持续加大打击力度，在准确认定事实正确适用法律的基础之上，对于电信网络诈骗犯罪的组织者、领导者、首要分子、骨干成员以及幕后“金主”、组织人员偷越国（边）境的“蛇头”等，依法严惩不贷。同时，坚持宽严相济，对于受胁迫、蛊惑的参加人员，依法从轻、减轻或免除处罚。2024 年人民法院审结电信网络诈骗案件 4 万件 8.2 万人，同比增长 26.7%。缅北明家犯罪集团 39 人中有 16 人为缅甸籍。为什么我国检察机关可以对缅甸籍人员提起公诉呢？这就涉及到依法适用刑事管辖的问题。根据案件事实，明家犯罪集团的犯罪行为或犯罪结果部分发生在我国境内，符合我国刑法属地管辖的规定；在缅北实施针对中国公民的故意杀人等严重犯罪，符合我国刑法保护管辖的规定；明家犯罪集团实施的贩卖毒品犯罪，侵害了国际社会的共同利益，违反我国缔结的相关国际条约，符合我国刑法普遍管辖的规定。我国司法机关依法适用属地管辖、保护管辖、普遍管辖办理这一系列案件，昭示了严厉打击跨境电诈犯罪的坚强决心。
对低龄未成年人严重暴力犯罪，依法追诉！
对于已满 12 周岁不满 14 周岁的人，犯故意杀人、故意伤害罪，致人死亡或者以特别残忍手段致人重伤造成严重残疾，情节恶劣的，由最高检核准追诉。今年的报告首次披露最高检依法核准追诉低龄未成年人严重暴力犯罪 34 人。
回应“远洋捕捞”：严防违规异地执法和趋利性执法
人民法院依法保护企业和企业家合法权益。加强对违规异地执法、趋利性执法案件的审查，严防以刑事手段干预经济纠纷。去年人民法院依法纠正了 46 件涉产权冤错案件，对 13 人改判无罪。检察机关依法平等保护各类经营主体合法权益。 2024 年，最高检对履职中发现的涉趋利性执法司法线索进行分析研判，针对违规异地执法、违法适用强制措施以及超权限、超范围、超数额、超时限查封扣押冻结财产等突出问题，确定 31 件重点案件，分 4 批交由地方检察机关办理，并派出工作组跟踪督办。截至 2025 年 2 月，已办结 21 件。其中，依法监督撤案 7 件，作出不起诉决定 8 件，督促解除查封扣押冻结资金 6.1 亿元其他案件目前正在依法办理中。
法不能向不法让步！正当防卫连续七年写入最高检工作报告
2024 年全国检察机关经审查认定属正当防卫，依法不捕不诉 334 人，持续落实刑法第二十条规定，彰显“法不能向不法让步”。
依法惩治滥用 AI 技术侵权行为
AI 技术发展很快，但发展中出现的相关问题、纠纷该如何妥善处理，需要在实践中逐步明确、规范。法院不仅依法审理个案，更注重加强对科技创新领域新产业、新模式、新情况、新问题的研究，持续强化司法政策、裁判规则的供给。要结合发展实际，结合具体案件，依法稳慎作出裁判，既支持 AI 技术依法应用，又依法惩治滥用 AI技术侵权行为，促进规范有序发展。
（文/新华访谈）
Why did the reports of the Supreme People's Court and the Supreme People's Procuratorate highlight these hot topics: covert filming, eavesdropping, and cross-border telecom fraud?
On March 8, during the second plenary session of the Third Session of the 14th NPC, Zhang Jun, President of the Supreme People's Court, and Ying Yong, Procurator-General of the Supreme People's Procuratorate, delivered their respective work reports. Xin Hua Fang Tan interviewed Hai Wei, Deputy Director of the General Office of the Supreme People's Court, and Yang Jianbo, Deputy Director of the General Office of the Supreme People's Procuratorate, to interpret their reports around these hot topics.
"Covert filming and eavesdropping" included in the Supreme Court's Report for the first time, easing public anxiety
The Supreme Court's Report, for the first time, emphasized the legal crackdown on covert filming and eavesdropping crimes. While these may seem like "minor cases", they severely violate personal privacy and undermine public security. The Court actively responded to impose strict legal penalties. Highlighting this issue in the report further signaled a
tough stance, aiming to deter such crimes and alleviate public anxiety about being secretly recorded.
Harsh punishment for cross-border telecom fraud in northern Myanmar
The courts have consistently maintained a strict approach to telecom fraud, intensifying crackdown efforts. Based on accurate fact-finding and proper legal application, organizers, leaders, key figures, core members, and financial backers of telecom fraud networks, as well as "smugglers" facilitating illegal border crossings, will face severe legal consequences. At the same time, a balanced approach has been adopted, with leniency or reduced penalties for those coerced or misled into participating. In 2024, the courts concluded 40,000 telecom fraud cases involving 82,000 individuals, marking a 26.7% year-on-year increase.
Among the 39 members of the Ming family crime group in northern Myanmar, 16 are of Myanmar nationality. Why can our country's prosecutorial authorities initiate public prosecution against these Myanmar nationals? This involves the application of criminal jurisdiction in accordance with the law. Based on the facts of the case, part of the criminal activities or outcomes of the Ming family crime group occurred within our country's territory, thus falling under the provisions of territorial jurisdiction in our criminal law. The commission of serious crimes such as intentional homicide against Chinese citizens in northern Myanmar aligns with the protective jurisdiction provisions of our criminal law. The drug trafficking crimes committed by the Ming family crime group infringe upon the common interests of the international community and violate relevant international treaties that our country has concluded, thereby meeting the criteria for universal jurisdiction under our criminal law. Our judicial authorities have applied territorial, protective, and universal jurisdiction in accordance with the law to handle this series of cases, demonstrating our resolute determination to severely combat cross-border telecom fraud crimes.
Prosecution of serious violent crimes committed by young minors will be pursued in accordance with the law!
For individuals aged 12 to 14 who commit intentional homicide or intentional injury resulting in death or severe disability through particularly cruel means, and where the circumstances are egregious, the Supreme People's Procuratorate will approve the prosecution. This year's report marked the first disclosure that the Supreme People's
Procuratorate has lawfully approved the prosecution of 34 young minors for serious violent crimes.
Response to "distant fishing": Strict prevention of illegal cross-regional and profit-driven law enforcement
People's courts protect the lawful rights and interests of enterprises and entrepreneurs in accordance with the law. The review of cases involving illegal cross-regional and profit-driven law enforcement has been strengthened to strictly prevent the use of criminal means to interfere with economic disputes. Last year, the courts lawfully corrected 46 wrongful cases involving property rights and acquitted 13 individuals.
Procuratorial organs protect the lawful rights and interests of various business entities equally and in accordance with the law. In 2024, the Supreme People's Procuratorate conducted an analysis and assessment of profit-driven law enforcement and judicial practices identified during its operations. Addressing prominent issues such as unauthorized crossregional law enforcement, improper application of coercive measures, and overreach in the scope, amount, and duration of property seizures, the Supreme People's Procuratorate identified 31 key cases, which were distributed in four batches to local procuratorial organs for handling, with working groups dispatched to oversee the process. By February 2025, 21 cases have been resolved. Among them, 7 cases were withdrawn under legal supervision, non-prosecution decisions were issued in 8 cases, and RMB 610 million of seized or frozen funds were released. The remaining cases are currently being processed in accordance with the law.
The law must not yield to illegality! Justifiable defense has been included in the Supreme People's Procuratorate's work report for seven consecutive years
In 2024, national procuratorial organs reviewed and recognized 334 cases as justifiable defense, resulting in non-arrest and non-prosecution decisions in accordance with the law. This reflects the continued implementation of Article 20 of the Criminal Law, emphasizing that "The law must not yield to illegality".
Cracking down on the abuse of AI technology in accordance with the law
While AI technology is advancing rapidly, the related issues and disputes emerging from its development require gradual clarification and standardization through practice. Courts not only adjudicate individual cases in accordance with the law but also focus on strengthening research into new industries, models, situations and issues in the field of technological innovation, and continuously enhance judicial policies and adjudication rules. By aligning with practical developments and specific cases, courts are to make prudent and lawful rulings that support the lawful application of AI technology while cracking down on its abuse, thereby promoting orderly and regulated development.
(By Xin Hua Fang Tan)
