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1、1998年6月5日,北京市人民检察院以涉嫌贪污和玩忽职守两罪对陈希同提起公诉。7月31日,北京市高级人民法院对陈希同案进行了公开审判,决定以贪污罪判处有期徒刑13年,以玩忽职守罪判处有期徒刑4年,两罪并罚,执行有期徒刑]6年,赃物没收,上缴国库。此判决为一审判决,如不服可于此日起10日内向最高人民法院提出上诉。(1)北京市人民检察院为什么能提出公诉?(2)北京市高级人民法院为什么能作出判决?(3)陈希同案件的审理过程说明了什么?答:(1)人民检察院是国家的法律监督机关,依法独立行使检察权。其职责是通过行使检察权,对国家机关、国家工作人员的违法行为进行监督。陈希同作为国家工作人员,对其违法行为提出公诉,属于检察权。(2)人民法院是国家审判机关,依法行使审理和判决各种案件的权力,其职责是通过行使审判权,惩办犯罪分子,保障社会主义现代化建设顺利进行。陈希同的行为是否构成犯罪,如何惩处,属于审判权,应由人民法院审理和判决。(3)陈希同案的审理过程说明:a、对人民负责是我国国家机构的重要原则,一切国家机关的工作人员都是人民的公仆,要对人民负责,全心全意为人民服务。陈希同之流以权谋私,违背丁对人民负责的原则,最终受到了法律的惩处。b、依法治国是我党的治国方略,也是国家机构的组织?
1. On June 5, 1998, the Beijing Municipal People’s Procuratorate prosecuted Chen Xitong for alleged corruption and negligence. On July 31, the Beijing Higher People’s Court held a public trial against Chen Xitong’s case and decided to sentence him to 13 years’ imprisonment for corruption and sentenced him to 4 years’ imprisonment for dereliction of duty. He was concurrently punished with two crimes and was sentenced to imprisonment for 6 years. The stolen goods were confiscated and turned over to the state treasury. This judgment is the verdict of the first instance. If you do not accept it, you can appeal to the Supreme People’s Court within 10 days from this date. (1) Why can the People’s Procuratorate of Beijing make prosecutions? (2) Why does the Higher People’s Court of Beijing rule? (3) What does the hearing process of Chen Xitong illustrate? A: (1) The People’s Procuratorate is the State’s legal supervisory authority. , Independently exercise procuratorial powers according to law. Its duty is to supervise the illegal activities of state agencies and state staff through the exercise of procuratorial powers. Chen Xitong, as a national staff member, filed a public prosecution for his illegal activities and was procuratorial power. (2) The people’s court is the national judicial organ that exercises the power to hear and adjudicate various cases according to law. Its duty is to punish criminals and ensure the smooth progress of socialist modernization through the exercise of judicial power. Whether Chen Xitong’s behavior constitutes a crime or not, how to punish it is a judicial power and should be heard and decided by the people’s court. (3) The trial process of Chen Xitong’s case shows that: a. Responsibility to the people is an important principle of our country’s national institutions. The staff of all state organs are public servants of the people and must be responsible to the people and serve the people wholeheartedly. Chen Xitong’s current use of power to seek personal gain and violate Ding’s principle of being responsible to the people has finally been punished by the law. b. Administering the country according to law is a strategy for the party to govern the country. It is also the organization of state institutions.