The Supreme People's Court's Opinions on Further Strengthening the Work of People's Courts under the New Situation

Fa Fa Fa Fa Fa [20 14] No.21

In order to thoroughly implement the spirit of the 18th CPC National Congress and the Third and Fourth Plenary Sessions of the 18th CPC Central Committee, as well as the central government's decision on comprehensively deepening reform and the central government's decision on comprehensively promoting the rule of law, we hereby put forward the following opinions on further strengthening the work of the people's courts under the new situation.

First, deeply understand the new situation and new tasks, and accurately grasp the functional orientation of the people's courts.

1. Correctly understand the new situation. Carrying out the task of comprehensively deepening reform, promoting the construction of a safe China and a China ruled by law, deepening the reform of the judicial system, meeting the diverse judicial needs of the people, and promoting the modernization of the national governance system and governance capacity are the new situations facing the people's courts at present and in the future. As the "grass-roots" of people's courts, people's courts are an important part of deepening the reform of the judicial system and comprehensively promoting the rule of law. They are bound to face more severe tests, encounter more complicated problems and undertake more arduous tasks.

2. Deeply understand the new tasks. The people's courts should continue to give full play to their judicial functions, actively participate in grassroots social governance, innovatively implement measures to facilitate the people and benefit the people, do a good job in circuit trials according to local conditions, combine the independent exercise of judicial power according to law with the expansion of judicial democracy, strive to create a "window" of sunshine justice, enhance people's judicial social identity, and carry forward socialist core values. People's courts at all levels should effectively optimize the layout of people's courts, actively and steadily promote the judicial reform of people's courts, improve the management and guarantee mechanism of people's courts, and strengthen the construction of people's courts' teams, equipment and information. We should constantly improve the judicial ability of the people's courts and give full play to the important role of the people's courts in order to achieve the overall goal of comprehensively promoting the rule of law, building a socialist legal system with Chinese characteristics, building a socialist country ruled by law and building a socialist legal order.

3. Accurately grasp the functional positioning. It is the core function of the people's court to firmly grasp the main line of justice for the people and exercise judicial power independently and fairly on behalf of the state according to law. Supporting other state organs and mass autonomous organizations to mediate social contradictions and disputes according to law, providing professional guidance to people's mediation committees to mediate civil disputes according to law, and actively participating in grassroots social governance are important functions of the people's courts.

Two, always adhere to the justice for the people, give full play to the judicial function of the people's court.

4. Optimize the regional layout. Conscientiously implement the Decision of the Supreme People's Court on Comprehensively Strengthening the Work of People's Courts, adhere to the principles of "three orientations" and "two conveniences", take "clear functions, reasonable layout, fair trial, standardized management, excellent team and strong guarantee" as the basic requirements, integrate the number of cases, regional area, population, traffic conditions and economic and social development, and optimize the regional layout and personnel ratio of people's courts. Actively promote the court layout with the central court as the main part, community courts and circuit trial sites as the auxiliary part, get rid of the wrong concept of being divorced from reality and seeking more, and avoid the waste of judicial resources and the difficulties in court construction, management and maintenance.

5. Specification setting adjustment. The grass-roots people's court shall, with the adjustment of urban planning and the gradual advancement of urban-rural development integration, prudently and steadily put forward the adjustment plan set by the people's court and report it to the higher people's court for approval step by step. With the approval of the Higher People's Court, a people's court may be established if the people have needs, the number of litigation cases is large, the personnel stationed are prepared, the construction land can be implemented, and the construction funds are guaranteed. The people's court with a large scale, a wide range of influence and a large demand for capital personnel shall be submitted to the Supreme People's Court for examination and filing. Areas with developed economy and society and many cases can explore the establishment of special courts in light of their own conditions.

6. Improve the filing mechanism. The grass-roots people's courts shall, according to the actual situation in their respective jurisdictions, scientifically construct the working mechanism of people's courts directly filing cases, and strengthen the guidance and management of people's courts' filing work. People's courts in economically developed areas with convenient transportation can uniformly file cases through grass-roots people's courts and strengthen case flow management. People's courts in mountainous areas, pastoral areas, forest areas, remote areas and other areas with inconvenient transportation should strengthen and improve the working mechanism of people's courts to file cases directly, and strive to solve the problem of filing cases through technical means such as remote filing. The specific scope of accepting cases by the people's courts shall be determined by the grassroots people's courts and announced to the public in a certain way. Cases that should be accepted according to law should be filed for prosecution. If it is really unacceptable, you must explain the reasons to the parties.

7. Do a good job in people's livelihood trials. In accordance with the general requirements of implementing collective ownership, stabilizing farmers' contracting rights and liberalizing land management rights, we will earnestly safeguard rural land contract relationship and farmers' land management rights in accordance with the law, strengthen the protection of property rights of land management rights, and protect farmers' rights of possession, use, income, circulation, mortgage and guarantee of land management rights in accordance with the law. Properly handle disputes in areas closely related to people's livelihood in accordance with the law, and safeguard the legitimate rights and interests of rural left-behind children, left-behind women and left-behind elderly people. Protect the ecological environment according to law, promote the improvement of living environment, and provide judicial guarantee for scientifically promoting the construction of new socialist countryside.

8. Strengthen litigation services. We will promote the window construction of the people's courts and strive to provide integrated and one-stop services for the litigation activities of the parties. Strengthen litigation guidance to litigants and provide necessary procedural guidance to litigants with low litigation ability. If it is really difficult for a party to provide evidence or important evidence really needed for the trial of a case, it shall take the initiative to investigate and collect evidence at an appropriate time according to the application of the party or ex officio. Choose and apply more economical litigation procedures and procedural measures according to law, and effectively reduce the litigation burden of the parties. Promote the improvement of the legal aid system, strengthen judicial assistance, and effectively guarantee the people's timely and effective access to legal help.

9. Do a good job in the circuit trial. Correctly handle the relationship between court questioning and circuit trial, conscientiously implement the "Opinions on Vigorously Promoting Circuit Trial to Facilitate People's Litigation", reasonably set up circuit case handling points and litigation service points, and improve the pertinence and effectiveness of circuit trial. Remote ethnic areas and other areas where people's litigation is inconvenient should establish the working mechanism of circuit trial, inherit and carry forward the trial mode of Ma Xiwu, popularize the circuit trial mode such as car court, and form a full-coverage judicial service network with people's courts as the point, mobile car courts as the line and grass-roots people's courts as the surface. In areas with developed economy and convenient transportation, the focus of circuit trials should be on cases that have a significant impact on social harmony and stability, and have an important role in improving people's awareness of the rule of law, maintaining the socialist rule of law order, and promoting socialist morality.

10. Handle the relationship between mediation and judgment. Give full play to the unique role of mediation in solving grassroots civil disputes, and mediate civil disputes that are suitable for mediation in advance according to law. Actively sum up the characteristics of different types of cases, rationally use rural rules and regulations, respect good customs, social conditions and public opinion, innovate mediation methods within the framework of legal provisions, and completely resolve contradictions from the root. Resolutely correct the wrong practices that violate the law of trial, such as forced mediation and prolonged indecision. , damage the legitimate rights and interests of the parties, issued a mandatory withdrawal index. Vigorously improve the quality of judgment documents of people's courts, pay attention to the correct application of laws, strengthen explanation and reasoning, give play to the moral guidance function of judicial judgment, highlight rules, maintain order and carry forward virtues.

1 1. Improve execution. In principle, the grass-roots people's court shall be responsible for the execution of cases concluded by the grass-roots people's court that are difficult to execute, that the execution of the grass-roots people's court does not affect the timely realization of the legitimate rights and interests of the parties, and that the personnel and equipment are difficult to ensure the smooth development of the work. The people's court shall be responsible for executing cases that can be settled in court and are more convenient for the parties. Where conditions permit, we can explore sending an enforcement team to the local grass-roots people's court to build a direct enforcement mechanism to maximize the convenience of mass litigation and improve enforcement efficiency.

12. Improve the people's jury system. We will implement the people's jury multiplication plan, combine the characteristics of the people's courts, expand the proportion of people's jurors at the grassroots level, and expand the scope of trial. Standardize the way and process of determining people's jurors who participate in the trial of cases, conscientiously implement the principle of "random selection" and change the practice of staying in court for a long time. Strengthen the pre-job and post-job training of people's jurors to improve their ability to perform their duties. Actively explore the mechanism and methods of people's jurors only participating in the trial of facts. Establish a regular adjustment mechanism for funding guarantee standards, and timely and fully pay people's jurors subsidies such as transportation and lost work.

Third, actively participate in grassroots social governance and give full play to the role of the people's courts as a bridge and judicial guarantee.

13. Provide judicial guarantee for other organizations to solve disputes. Give full play to the link role of people's courts in the "four governance" and the demonstration and guarantee role in the multi-dispute resolution mechanism, and make positive contributions to improving the level of rule of law in township and county governance. Actively strengthen communication and cooperation with public security, justice, labor dispute arbitration, rural land contract arbitration, people's mediation committees and other grass-roots state organs, mass autonomous organizations, industry mediation organizations, etc. Respect and support them to mediate social contradictions and disputes according to law, and actively do a good job in the connection between litigation and non-litigation conflict resolution mechanisms such as judicial confirmation.

14. Give guidance to various mediation organizations. In accordance with the principle of "no vacancy, no offside, no vacancy", strengthen the professional guidance to the people's mediation Committee according to law. With the effective play of judicial functions, it provides a sample and guidance for people's mediation, administrative mediation and mass autonomous organizations to resolve contradictions and disputes. Pay special attention to strengthen and standardize the contact and communication with grassroots mass organizations such as residents' committees and villagers' committees in resolving contradictions and disputes, and maintain a good social order at the grassroots level.

15. Participate in local governance based on judicial functions. The people's courts should flexibly use public open days, observe court trials, interpret cases and answer questions after sentencing, actively carry out publicity on the rule of law, and guide the people to consciously fulfill their legal obligations, social responsibilities and family responsibilities. It is necessary to submit a special report on litigation-related contradictions and disputes to local party committees and people's congresses in a timely manner, put forward judicial suggestions to the government and other relevant departments, and participate in local social governance. Do not go beyond the judicial function to participate in local administrative and economic affairs, meetings, interviews, publicity and other affairs unrelated to judicial duties.

Four, actively and steadily promote the reform of the judicial system, and constantly improve the working mechanism of the people's court.

16. Reform pilot. The people's courts at all levels should regard the people's courts as the "testing ground" for judicial reform, and promote the reform in the people's courts in accordance with the principles of emancipating the mind, actively promoting, seeking truth and being pragmatic, and being prudent and prudent. Intermediate people's courts with people's courts within their jurisdiction shall select 3-5 people's courts to carry out pilot reforms suitable for people's courts, and encourage qualified areas to actively expand the pilot scope. The pilot people's court shall report the pilot work to the local grass-roots people's court at least once every six months, and report it to the Supreme People's Court step by step to accumulate experience and create conditions for comprehensively promoting the reform of the judicial system.

17. Implementing the judicial responsibility system. Follow the judicial rules and the principle of unity of power and responsibility, explore the establishment of the presiding judge's responsibility system for handling cases, clarify the powers and responsibilities of judges in handling cases, and gradually realize that the judgment documents are issued by the presiding judge. Where conditions permit, we can explore and improve the collegiate bench's responsibility system for handling cases, and clarify the responsibility of personal opinions and performing duties in handling cases. Standardize the supervision and management authority of the president of the people's court over the trial work, so as to make the powers and responsibilities unified and clear, and the supervision is standardized and orderly.

18. Optimize personnel composition. Establish a staffing supplement and dynamic management mechanism to ensure that 80% of the increased staffing is used at the grassroots level and the front line of trials, and timely replenish personnel according to work needs. Adhere to the development path of connotative team, explore the establishment of a trial team with the presiding judge as the core according to the trial workload, equip with the necessary number of trial assistants, clerks and other trial assistants, strengthen the trial auxiliary force by purchasing services, and solve the problem of "one-person court" and "two-person court" in some places due to the shortage of judges. Improve the classified management system of judicial personnel, stabilize the trial team, and improve the quality and effect of trials.

19. Improve job security. We will promote the reform of judges' professional job sequence and salary system, gradually increase the salary of grassroots judges, realize the appropriate matching of judges' positions, ranks and levels in people's courts, and moderately tilt the salary and welfare policies to grassroots courts and people's courts. The people's court may first try out ways to determine wages, such as salary plus case handling allowance and post allowance. Strengthen the protection of occupational risks, and improve the system of pension and assistance for public sacrifices and accidental injuries. The people's courts at higher levels should pay attention to the characteristics and needs of the people's courts when exploring and promoting the unified management of people and property in local courts below the provincial level and the reform of delaying retirement and reemployment of judges.

20. Improve trial management. Eliminate management assessment indicators that do not conform to the trial rules, are not conducive to the work of the people's courts, and are prone to erroneous orientation. Clarify the classification standards of simple cases and difficult and complex cases, rationally allocate trial resources, and realize the diversion of complex cases. Explore the use of simple documents such as forms, writs and elemental forms in small claims and other suitable simple cases to speed up the trial process. Explore the working system of focusing on trial auxiliary affairs, so that judges can concentrate on trials.

2 1. Strengthen judicial openness. Full disclosure of court personnel information, management system, code of conduct and litigation guide, timely disclosure of case information, judicial basis, litigation process and judgment results in accordance with the law, to meet the parties' right to know, and to prevent black-box operation. In the process of promoting the construction of "three platforms", we should pay attention to the characteristics of people's courts. Give full play to the special advantages of the people's courts at the grassroots level, simplify the audit procedures under the premise of ensuring judicial security, and meet the audit needs of the people; Carry out the theme activities of judicial openness, and actively invite and organize representatives from all walks of life to attend the trial and visit the court work; Further play the unique role of circuit trial in judicial openness and rule of law propaganda, and enhance the social recognition of court work.

Five, strengthen team building and organizational leadership, and constantly improve the quality of the people's court team and the level of material and equipment support.

22. Strengthen Party building. Adhere to "the branch is built in the court" and achieve full coverage of the party's organization and work. People's courts with more than three people in party member shall set up party branches, and people's courts with less than three people in party member may set up joint party branches. The organizational relationship of the Party branch of the people's court belongs to the basic people's court. Strengthen the organizational functions of the Party branch of the people's court, strictly live within the party, give full play to the education, management and supervision functions of the Party branch for police officers, and pay attention to the use of information networks and new media to carry out party building work.

23. Selection of the President of the Tribunal. It is necessary to actively implement the institutional hierarchy of the people's courts and the rank system of the presidents of the people's courts, and give priority to selecting judges at or above the division level as the presidents of the people's courts. The people's courts of municipalities directly under the central government and people's courts with many cases and heavy tasks may appoint division-level judges as presidents, and the people's courts may establish vice presidents according to the needs of their work. Priority is given to selecting leaders of grassroots people's courts from those who have served as presidents of people's courts.

24. Improve the system of regular rotation training and temporary training. We will promote personnel exchanges between people's courts and between people's courts and other trial chambers of grass-roots people's courts in an orderly manner. The president of the people's court generally rotates once every three to five years after taking office. Generally, the newly hired staff of the grass-roots people's court should be arranged to receive training in the people's court for more than one year. When the basic people's courts send judges to the higher people's courts and the courts in developed areas for training, they should give priority to the judges in the people's courts. When selecting judges, the people's court at a higher level shall accept a certain proportion of judges with court work experience; When the people's court at a higher level selects promising cadres at the grassroots level, priority should be given to the people's court for attachment training.

25. Implement the responsibility of building a clean and honest government. The party group of the grass-roots people's court should include the construction of the party's work style and clean government in the people's court into its main responsibilities. In major cases of violation of law and discipline in the people's court, the leading cadres of the relevant court should be held accountable, and the person directly responsible should be held accountable. The discipline inspection and supervision departments of the grassroots people's courts should earnestly perform their supervisory duties, discover and correct the problems existing in the discipline style of police officers in the people's courts in a timely manner through trial supervision and special inspections, and seriously investigate and deal with cases of violation of law and discipline with a "zero tolerance" attitude. The president of the people's court should conscientiously perform "one post and two responsibilities", manage and lead the team well while doing a good job in the trial, and ensure that the people's court is fair and honest in justice.

26. Strengthen discipline and work style. Constantly strengthen the education of ideals and beliefs, guide the police officers of the people's courts to firmly establish the concept of the masses, enhance the feelings of the masses, and effectively solve the "six difficulties and three cases" that the masses have strongly reflected. Adhere to strict education, strict management and strict supervision, and resolutely correct unhealthy practices in the work of the people's courts. Relying on information technology, we will comprehensively build an integrity risk prevention and control mechanism that conforms to the characteristics of the people's courts, effectively strengthen supervision and restriction on the operation of the people's courts' judicial power, and improve the execution of the judicial integrity system. It is necessary to put the construction of work style in a prominent position and integrate it into daily work, and use the system to ensure the standardization, normalization and long-term effectiveness of judicial work style.

27. Improve court management. Improve the court management rules and regulations, pay attention to regular management, and pay attention to improving the assessment and evaluation mechanism by listening to grassroots opinions. Pay attention to establishing and publicizing advanced models of people's courts, and timely commend and reward outstanding police officers of people's courts. Strengthen the construction of cultural and sports venues, implement the system of vacation and recuperation, organize regular physical examinations, strengthen humanistic care and psychological counseling for police officers, and help solve practical difficulties in work, study and life.

28. Improve education and training. Regularly carry out rotation training for presidents of people's courts to ensure that judges of people's courts receive no less than 7 days of professional training every year. Adhere to graded and classified training, give full play to the leading role of judge training institutions at all levels, actively use the training resources of other training institutions and institutions of higher learning, and promote the extension of quality education training resources to the people's courts in various ways. Adhere to the demand orientation and closely follow the training direction of trial practice. We will further increase support for training in western and ethnic areas and strengthen the training of bilingual judges.

29. Do a good job in infrastructure construction. The higher people's court shall, in accordance with the requirements of the people's court's "Twelfth Five-Year Plan" for infrastructure construction, reasonably arrange the annual construction plan, and strive to fully complete the infrastructure construction tasks of the existing people's courts during the "Twelfth Five-Year Plan" period. Newly-built people's courts should reasonably determine the construction scale according to the court construction standards of people's courts, the number of court staff and the number of cases accepted annually, strictly review the design scheme, and install a unified logo in accordance with the requirements of the "Standards for the Setting of Unified Logos of People's Courts".

30. Enhance the ability to guarantee funds. The basic people's court shall do a good job in the budget preparation of the people's court, and timely allocate funds according to the tasks and equipment of the people's court and the needs of information construction. The Higher People's Court shall strengthen the guidance, supervision and inspection of the use and management of the people's court funds. It is necessary to equip the people's courts with necessary office equipment for handling cases in a planned and step-by-step manner, improve the level of equipment equipment year by year, and improve the working conditions of trials. By 20 15, the equipment of the people's courts in the whole country should reach the level required by the Guiding Standards for Basic Business Equipment of Grassroots People's Courts.

3 1. Promote information construction. The Higher People's Court should focus on the construction of the "Balance Project", focus on the management of the people's courts and benefit the people, reasonably determine the content and scale of the informatization construction of the people's courts, and increase the investment and funding guarantee. According to the Supreme People's Court's "Decision on Comprehensively Strengthening the Informatization Construction of People's Courts" and "Five-year Plan for the Informatization Construction of People's Courts", before the end of 20 14, before the end of 20 15 in the central region and before the end of 20 16 in the western region, people's courts will be connected to the information network system of grass-roots people's courts. It is necessary to ensure that the hardware and software configuration of the people's court information system meets the litigation service needs of the people's court, equip the people's court with necessary information office and case handling equipment and software, optimize the workflow, and improve the efficiency and humanization level.

32. Pay attention to safety management. It is necessary to establish and improve the supervision mechanism, enhance the awareness of safety precautions, overcome lax and paralyzed thoughts and luck psychology, and do a good job in daily safety and security. In accordance with the requirements of "necessity, sufficiency and timeliness", in principle, each people's court is equipped with at least one judicial police and several security personnel according to the needs of work. We will improve all kinds of security facilities and equipment such as security inspection, explosion prevention, monitoring and liquid dangerous goods detection, give priority to improving the hardware conditions of people's courts' security and crisis prevention, ensure that people's courts' "civil air defense, physical defense and technical defense" are put in place, and prevent all kinds of major and vicious safety accidents.

33. Promote theoretical research. People's courts at all levels should base themselves on different functions, create conditions for the prosperity of theoretical research of people's courts, strengthen various forms of exchanges and cooperation with legal education and research institutions, unite various forces, explore the establishment of theoretical research mechanisms of people's courts, and carry out theoretical research work of people's courts in depth. This paper focuses on the position and role of the people's court in the judicial system of Socialism with Chinese characteristics under the new situation, the functional orientation of the people's court and its role in social governance, and how the people's court can carry out the work of serving the people, facilitating the people and benefiting the people in the process of judicial reform. Guided by problems, we should summarize and refine the materials and topics of theoretical research from the judicial practice of the people's courts, form theoretical research results, effectively realize the transformation of results, and guide and promote the scientific development of the people's courts.

34. Strengthen supervision and guidance. Party groups of the people's courts at all levels should earnestly shoulder the leadership responsibility for the work of the people's courts. People's courts at or above the intermediate level shall set up special guidance offices for people's courts, adhere to the principle of classification guidance, and enhance the pertinence and effectiveness of guidance. To supervise and guide the work of the people's courts as an important part of the daily work of people's courts at all levels, improve the mechanism of problem discovery, feedback, analysis and resolution, and establish a mechanism of risk assessment, early warning and resolution of major sensitive cases.

the Supreme People's Court

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