Delegates:
On behalf of xx Court, I will make a work report to the General Assembly for your consideration.
In xx, under the leadership of the Municipal Party Committee and under the supervision of the Municipal People's Congress and its Standing Committee, our hospital adhered to the guidance of Deng Xiaoping Theory and Theory of Three Represents, thoroughly implemented the Scientific Outlook on Development, implemented the resolution of the X meeting of the XX Municipal People's Congress, and practiced the policy of "fair justice and serving the people wholeheartedly". All work shows a good trend of overall promotion and coordinated development. Our hospital accepted xxxxx cases of various types and closed XXXXX cases, which increased by xx% and XX% respectively over the previous year. Xxxx cases were filed, a year-on-year decrease of xx%.
First, perform judicial functions and safeguard social fairness and justice
Focusing on the construction of harmonious xx, we should give full play to the functions of punishing crimes, resolving contradictions, maintaining stability and promoting harmony, and strive to achieve the organic unity of legal effects and social effects.
Combat criminal offences according to law. Strictly implement the national laws, carry out the criminal policy of combining leniency with severity, and conclude the criminal cases of xxx in the first and second instance. Punish crimes that endanger national security according to law. We will always maintain a high-pressure situation against serious criminal crimes, crack down on crimes such as murder, robbery, looting and theft that infringe on people's personal and property safety according to law, and promote the continuous improvement of social security. Cooperate with "epee" and other special actions to punish evil forces, burglary, burglary, motor vehicle theft and other gang crimes, and enhance people's sense of security. Punish drug crimes according to law. Xxx and others manufacture, sell and transport xx tons of drugs, and the crime involves xx, xx and xx people. Our hospital sentenced xxx to death according to law. Focusing on the key points of economic and social development and the hot spots concerned by the masses, we will resolutely crack down on crimes that undermine the order of the market economy, such as smuggling, infringement of intellectual property rights and financial fraud, and recover economic losses of more than 10,000 yuan. Xxx people, such as xxx, smuggled xxx cars and evaded the tax payable of X billion yuan. Our hospital sentenced XXX to death with a two-year suspension. Punish corruption and bribery crimes according to law, carry out in-depth special activities to control commercial bribery, increase economic penalties, and promote the in-depth development of the anti-corruption struggle in our city. Adhere to equal emphasis on combating crime and safeguarding human rights. Carefully apply the death penalty according to law. Those who meet the conditions of being given a lighter, mitigated or exempted from punishment shall be given a lighter, mitigated or exempted from punishment according to law. If it does not constitute a crime, it shall be declared innocent according to law.
Mediation of civil disputes according to law. All kinds of civil cases were tried according to law, and the legitimate rights and interests of civil subjects were equally protected. xxxx civil cases were concluded in the first instance and the second instance, with the closing target of xx billion yuan in the first instance. Trial of marriage, family, neighborhood and other cases, and promote the harmony of marriage, family and community neighborhood. To hear cases of damages and safeguard the rights and interests of victims. Hearing labor dispute cases and promoting the construction of harmonious labor relations. Trial of pre-sale of commercial housing, housing intermediary, demolition and resettlement cases, and guide the standardized development of the real estate market. Properly handle group disputes involving community owners, property companies and real estate enterprises, and balance the interests of all parties. Trial of sales contracts, loan contracts, stocks, securities and other cases, maintaining a fair and honest market order. Trial of online transactions, vehicle insurance contracts and other cases, and guide the standardization of new market transactions. Implement the new enterprise bankruptcy law and strictly implement bankruptcy procedures. Strengthen the judicial protection of intellectual property rights and promote the construction of an innovative city in our city. Xx stationery brand "xx" is recognized as a well-known trademark according to law, and the rights and interests of trademark holders are fully protected. It is determined that the packaging and decoration of counterfeit xxx and other well-known products constitute infringement, ensuring independent innovation of enterprises. Confirm that xx municipal government enjoys the copyright other than the right of authorship of "xxx" works, and protect the state-owned intangible assets. To hear foreign-related cases involving Hong Kong, Macao and Taiwan, and promote foreign economic exchanges in our city. Make full use of mediation to solve foreign-related disputes involving Hong Kong, Macao and Taiwan, and the Hong Kong and Taiwan media gave positive comments. Correctly apply the property law to protect the people's basic property rights to houses and other means of production and living.
Try administrative cases according to law. Adhere to the principle of organic unity of supervision, maintenance and coordination in administrative trials, effectively resolve administrative disputes, and conclude administrative cases of first and second instance from xxx. Performing the judicial supervision power entrusted by the Constitution and laws according to law not only protects the legitimate rights and interests of citizens, legal persons and other organizations, but also effectively supervises administrative actions, maintains normal administrative order, and supports administrative organs to administer according to law. According to the arrangement of the superior court, actively explore the coordination and reconciliation mechanism of administrative cases, and on the premise of finding out the facts, distinguishing right from wrong, and not damaging the national interests, social public interests and the legitimate rights and interests of others, suggest that the administrative organs improve and change illegal or improper administrative acts, compensate the losses of the administrative counterpart, allow the administrative counterpart to voluntarily withdraw the lawsuit, and enhance mutual understanding and trust between the masses and the administrative organs.
Two, strengthen and improve the implementation, limit the realization of the legitimate rights and interests of creditors.
Actively explore effective ways to solve the difficulties in implementation, improve the implementation mechanism, strengthen coordination with relevant units, and continuously increase implementation. All kinds of cases were closed in Xxxx cases, with a target amount of xx billion yuan.
Increase enforcement. Strengthen the responsibility of the person subjected to execution to declare property, increase the court's investigation of property, improve the entrusted audit system, and prevent evasion of debts. Adhere to the news media exposure, restrictions on leaving the country, restrictions on high consumption and other execution methods, and urge the parties to consciously fulfill the effective judgment. Flexible use of designated execution, upgraded execution, cross execution and other means to give full play to the overall efficiency of execution. Make full use of entrusted execution and off-site execution to improve execution efficiency. Participate in the construction of the national court enforcement case information management system and promote the construction of the enforcement deterrent mechanism. Relying on the coordination group to solve the implementation difficulties in our city, we will strengthen cooperation with public security, procuratorial, industrial and commercial, housing management and other units.
Promote publicity and implementation. Establish an enforcement notification day system, and arrange the enforcement judge to inform the parties about the progress of the case and deal with the problem on the spot. Entrust intermediaries in strict accordance with the law, strengthen the supervision of entrusted evaluation and auction, and ensure the openness and fairness of the process of realizing property. Cooperate with "xxxx" website to publish information such as implementation trends, typical cases and auction announcements on the Internet, and enrich the implementation propaganda and implementation deterrent carrier.
Pay attention to the implementation effect. For cases involving people's livelihood, priority should be given to filing, execution, distribution and payment. Carry out special implementation activities for wage arrears of workers. During the execution of the loan contract dispute case between a bank and a company, it was found that the grass-roots court also accepted the case that the company owed workers wages. In order to ensure the priority of paying workers' wages, the related cases were upgraded and merged, and xxx workers' wages were paid in full and on time, 1 10,000 yuan. Steadily promote the judicial approach to deal with unfinished plots, involving xx unfinished plots, and properly solve the problem of compensation and resettlement for relocated households. In cases where the enterprise is the executor, legal means such as debt-to-equity swap, transfer of intangible property and overall auction are actively used to properly handle the placement of employees and fully protect the rights and interests of creditors. For cases involving a wide range and great influence, we should base ourselves on stabilizing the overall situation, patiently guide education, and strive to promote the implementation of reconciliation.
Accept law enforcement inspection. Attach great importance to the special law enforcement inspection of the Standing Committee of the Municipal People's Congress on the implementation of the provisions of the Civil Procedure Law in our hospital, comprehensively summarize the implementation work since XX years, realistically reflect the existing problems and difficulties, and put forward countermeasures and suggestions to strengthen the implementation work. The Standing Committee of the Municipal People's Congress voted and passed the Resolution on Further Strengthening the Civil Enforcement Work of the People's Courts, which fully affirmed the active efforts and achievements made by our hospital to solve the implementation difficulties and put forward requirements for further strengthening the civil enforcement work. Our hospital quickly implemented the requirements of the resolution and resolutely rectified.
Third, the implementation of justice for the people and the protection of the legitimate rights and interests of the masses.
Adhere to the people's livelihood, further enrich the specific measures of justice for the people, and make full use of judicial means to safeguard the legitimate rights and interests of the people.
Serve the construction of new socialist countryside. Punish crimes that endanger rural social stability, destroy agricultural production and harm farmers' interests according to law. To try civil cases involving agriculture such as land contracting, land expropriation, forest right and rural credit according to law, and safeguard the legitimate rights and interests of farmers. Properly handle administrative cases involving the rights and interests of "married women" and safeguard the rights and interests of rural women in land contracting and collective income distribution.
Strengthen the protection of minors' rights and interests. Improve the comprehensive trial mechanism of juvenile criminal, civil and administrative cases. Jointly issued a document with the public security, procuratorial and judicial organs to detain, prosecute, try and correct juvenile defendants in the same criminal case respectively. Carrying out the policy of "education first, punishment second", xxx people were sentenced to fixed-term imprisonment of less than three years, accounting for xx% of juvenile criminals. Carry out "round table trial" to create a peaceful court atmosphere and reduce the negative impact of litigation on minors. Establish a social watcher system, and entrust social watchers to investigate the living and learning environment of minors before the trial, so as to provide reference for the trial. After the judgment, please ask the social watcher to follow up and feedback the implementation of the judgment. Strengthen coordination and cooperation with all walks of life, * * * launch "xxx Action", enrich the content of "Yangcheng Gold Exchange" project, and form a big pattern of juvenile protection covering juvenile trial, juvenile correction, caring education, legal aid, legal publicity, juvenile delinquency research and so on. Recruit xxx social enthusiasts as "xxx", help to do a good job in helping and educating minors, and help and educate more than xx juvenile probation offenders, and none of them commit crimes again.
Safeguard the litigation rights of the parties. Implement the method of payment of litigation costs, expand the scope of objects of deferring, reducing and exempting litigation costs, provide xxx cases of judicial assistance to parties with real economic difficulties, and decide to defer, reduce and exempt litigation costs by xxx million yuan. Strengthen litigation guidelines, inform litigation common sense, prompt litigation risks, and guide the masses to correctly express their interests according to law. Appoint defenders for criminal defendants who meet the conditions of legal aid according to law.
Strengthen mediation work. Take resolving contradictions as the main line, pay more attention to mediation and try to close the case. Strengthen the organization and leadership of the city's court mediation work, sum up the promotion experience in a timely manner, and constantly improve the working procedures. Strive to build a "trinity" mediation work pattern of judicial mediation, people's mediation and administrative mediation, and jointly formulate the Interim Provisions on Judicial Mediation xxx with the Municipal Bureau of Justice. Focus on guiding rural grassroots organizations and community organizations to participate in mediation. The courts in the city have initially formed a mediation model that runs through the whole process of litigation activities, with the support and participation of many parties in society and diversified resolution of contradictions and disputes. Our hospital resolved the civil dispute through mediation and withdrawal, and the rate of mediation and withdrawal increased by X percentage points year-on-year, among which the rate of withdrawal of intellectual property cases reached xx%.
Strengthen interest litigation and interest visits. Carry out the activities of "arguing before judgment and interpreting the law after judgment", and answer the questions of the parties in time at the stages of filing, trial, execution and letters and visits, so that the parties can clearly win or lose and no longer complain about visiting. Intensify the work of letters and visits related to law and litigation, implement the system of leadership package, letters and visits supervision, and seriously solve the problems reflected by the masses. The number of letters from the masses was xxx, and the number of visitors decreased by xx% and xx% respectively. Strengthen trial supervision, smooth channels of appeal and application for retrial, and conclude xxx retrial cases. Improve the supervision and management mechanism of trial quality and efficiency, and strictly investigate the responsibility.
Participate in the comprehensive management of social security. Improve the mechanism of investigation and mediation of contradictions and disputes, and find and resolve unstable factors in time. Explore the implementation of the public hearing system of commutation and parole, standardize the handling of commutation and parole cases, and commute and parole xxx criminals who do show repentance. In accordance with the unified arrangements of the higher authorities, we will carry out special actions to check and correct criminals' escape from prison. Participate in the construction of social correction centers and promote the establishment of a long-term working mechanism for community correction. Through public trials and case analysis, we should give full play to the legal publicity and education function of judicial activities and guide citizens, legal persons and other organizations to consciously abide by the Constitution and laws. In view of the problems found in the trial, such as public security prevention and industry management, timely put forward judicial suggestions to the relevant units.
Fourth, strengthen team building and improve the judicial level.
Focusing on strengthening judicial ability and ensuring judicial integrity, we will adhere to strict education, strict management and strict supervision, and strive to build a court team with firm politics, proficient business, excellent work style and fair justice. Xx collectives and xx individuals won the meritorious service award.
Strengthen the construction of ideological, political and disciplinary style. Continue to carry out in-depth education activities on the concept of socialist rule of law. Set off an upsurge of studying, propagating and implementing the xx spirit of the Party, and enhance the sense of responsibility and mission in serving the construction of a harmonious society. Carry out the year of building the style of government organs with "serving the people, being pragmatic and clean" as the main content, focusing on solving the problems of feelings and attitudes towards the masses. Strengthen supervision over the operation of judicial power and administrative power before and during the operation, and improve the system of punishing and preventing corruption. Strictly implement the code of conduct for judges and conduct court trials. Intensify the handling of complaints about clean government letters and visits, issue supervision cards to the parties, investigate and verify the complaints, and reply in time.
Strengthen team and professional construction. Improve the learning system of the central group of the party group and improve the level of policy theory and judicial trial ability. Carry out democratic centralism, improve the deliberation system, and ensure the democratic and scientific decision-making. Implement "one post and two responsibilities" and strengthen the responsibility of trial management and team management of leading cadres. Highlight the main position of judges in judicial activities and improve the classified management pattern of court personnel with clear responsibilities and standardized management. Strengthen education and training, pay attention to the combination of theory and practice, and constantly improve the legal literacy and trial level of judges.
Strengthen the efficiency and standardization of organs. We will carry out pilot work on the efficiency construction of organs, solicit opinions from all walks of life, find out problems in depth, formulate rectification measures, and improve service levels. Strengthen standardization construction, formulate comprehensive assessment methods for departments, and establish a scientific court work evaluation system. Compilation and implementation of the "xx City Intermediate People's Court Work Specification", covering trial, execution, judicial affairs, judicial administration, team building, responsibility assessment, etc., to standardize the management of court work.
Five, pay attention to supervision and guidance, and promote the construction of grass-roots courts.
Strengthen the supervision, guidance and support for the work of grass-roots courts, promote fair and efficient justice in grass-roots courts, and realize the overall improvement of the work level of courts in the city. The grass-roots courts in the city accepted xxxxx cases and concluded xxxxx cases, up by xx% and xx% respectively.
Strengthen the overall planning and care support for grassroots work. Insist on shifting the center of gravity, strengthen the system that hospital leaders contact grass-roots courts, go deep into grass-roots investigation and study, strengthen communication with local party and government leaders, and coordinate and solve the difficulties and problems existing in grass-roots work. Strengthen the coordination and management of the leading bodies of grass-roots courts, and do a good job in supervision and inspection and the selection and training of reserve forces. Promote the rational allocation of trial resources at the two levels of courts and strengthen the exchange of judges between the higher and lower courts. Strengthen the comprehensive evaluation of the work of grass-roots courts.
Strengthen supervision and guidance on trial execution. Study and solve difficult problems, exchange and popularize trial experience, and improve the trial level of grassroots courts. Xxxxx cases of second instance were concluded, and the rate of remanding for retrial decreased by xx percentage points year-on-year. Seriously guide the grass-roots courts to properly handle major cases involving social stability according to law. Strengthen the unified management and coordination of enforcement work, and promote the continuous improvement of the quality and efficiency of enforcement work in grass-roots courts.
Strengthen supervision and guidance on mediation and litigation. Promote grassroots courts to improve the mediation mechanism. Grass-roots courts have properly handled a large number of civil disputes through mediation, and the average mediation withdrawal rate is xx%, up by xx percentage points year-on-year. Xx court actively explored the working mechanism of organic combination of judicial mediation, people's mediation and administrative mediation, and was rated as an advanced unit guiding people's mediation in China. The xx court cooperated with the local judicial office to set up a "people's mediation studio" in the people's court. The resident people's mediators conducted pre-litigation mediation and participated in litigation mediation, which resolved a large number of rural grassroots contradictions and disputes in the bud. Strengthen the guidance of letters and visits to grass-roots courts. Xx court actively solved the problem of letters and visits concerning people's livelihood, and was rated as the advanced collective of letters and visits concerning law and litigation in the national courts.
Strengthen supervision and guidance over the work of the people's courts. Carry out the "three activities" competition to effectively solve the people's livelihood problems in the judicial activities of rural people. People's courts have generally established systems such as filing a case by appointment, filing a case at home, and making a circuit trial. They have expanded measures to facilitate the people and simplified the rescue procedures, so that people with real financial difficulties can afford a lawsuit and ensure that the well-founded parties can win. Build a grass-roots network to assist in execution, so that the parties who win the lawsuit and have the conditions to execute can realize their rights and interests in time. Give full play to the advantages of the people's courts rooted at the grassroots level and close to the masses, and improve the linkage mediation mechanism for maintaining stability at the grassroots level.
In XX years, our hospital conscientiously implemented the supervision law, further enhanced the consciousness and initiative of accepting the supervision of the Municipal People's Congress and its Standing Committee and deputies, and further improved the relevant working mechanism. The first people's congress of xx city, NPC deputies suggested X pieces, supervision pieces assigned by the municipal people's congress organs xx pieces, and NPC deputies wrote xx pieces. Broaden communication channels, solicit opinions extensively, and improve court work. Invited NPC deputies to inspect xx people, held xx symposiums, participated in xx cases, and visited xx delegates. Improve the supervisor system, employ xx judicial supervisors, smooth the supervision channels and enhance the supervision effect. Improve the selection, training and management mechanism of people's jurors, give full play to the role of people's jurors, ensure people's jurors to participate in judicial activities according to law, and promote judicial justice. There are xxx people's jurors in the city's courts, and xxxxx cases have been tried.
We fully realize that there is still a big gap in the work of our hospital compared with the requirements of the new situation and new tasks for the work of the court and the growing judicial needs of the people: the quality and efficiency of some cases need to be improved; The problem of difficult implementation has not been fundamentally solved; The ideological concept and trial level of individual judges can't keep up with the development of the situation; Basic work at the grass-roots level needs to be further strengthened. Enhance the sense of hardship and solve it in a down-to-earth and practical way.
In 2009, the general working idea of our hospital is: comprehensively and thoroughly implement the spirit of xx of the Party, hold high the great banner of Socialism with Chinese characteristics, enhance the consciousness and firmness of thoroughly implementing Scientific Outlook on Development, emancipate the mind, forge ahead, improve the fair, efficient and authoritative judicial working mechanism, enrich judicial means to protect people's rights and interests, strengthen judicial functions to promote the coordinated development of social economy, and provide more powerful judicial guarantee for building a harmonious xx.
(1) Strive to emancipate the mind and promote the development of work. Deeply understand the leading role of emancipating the mind and changing ideas in scientific development, carry out in-depth study and discussion activities of emancipating the mind, stimulate the new vitality of the court work, make the team have new ideas, new measures and a new look, and be the vanguard of practicing Scientific Outlook on Development.
(2) Give full play to the function of trial execution. We will focus on punishing crimes, drug crimes and duty crimes that endanger national security, public safety, citizens' personal property and disrupt the order of the market economy, and carry out special struggles in depth. Accurately grasp the criminal policy of combining leniency with severity. Actively participate in the comprehensive management of social security and the construction of safe xx. Properly handle all kinds of civil disputes caused by reform and development according to law, implement the principle of equal protection, and safeguard the legitimate rights and interests of the parties. Try administrative cases according to law, enhance the ability to coordinate and solve administrative disputes, and promote the harmony between administrative organs and judicial organs and citizens, legal persons and other organizations. Conscientiously implement the new provisions of the revised Civil Procedure Law on implementation, and further implement the resolution of the Standing Committee of the Municipal People's Congress on implementation. Improve the execution management, strengthen the execution supervision, increase the enforcement according to law, establish and improve the deterrence and linkage mechanism of execution, and focus on solving the difficult problem of implementation.
(3) focus on solving people's livelihood problems in the judicial process. We will thoroughly implement the policy of "fair justice and serving the people wholeheartedly", strive to solve the most concerned, direct and realistic interests of the people involved in litigation according to law, and safeguard social fairness and justice. Continue to strengthen the construction of a "civilized window" for filing letters and visits, facilitate the litigation of the parties, smooth the channels of letters and visits involving litigation, and support the reasonable demands of the parties according to law. Properly handle contradictions among the people in cases such as enterprise restructuring, house demolition and labor disputes, and strengthen mediation of group disputes. Give full play to the functions of appeal, application for retrial and retrial to resolve contradictions, and prevent and reduce new contradictions. Strengthen cooperation and convergence with people's mediation organizations, arbitration institutions, administrative organs and other relevant departments, and promote the establishment of a diversified dispute resolution mechanism.
(four) efforts to enhance the judicial ability of the team. Adhere to the socialist concept of rule of law education as the main line of ideological and political construction of the team. With strict, fair and civilized justice as the core, we should speed up the professionalization of judges, strengthen the concept of rule of law and the concept of taking judgment as the center, procedural justice, equal protection and closing cases, and improve the ability to control trials, find out facts, apply laws, combine mediation with judgment and make documents. Strengthen the party's work style and clean government, be strict in discipline, and seriously investigate and deal with violations of law and discipline. Improve the internal working mechanism with clear rights and responsibilities, standardized behavior and coordinated operation, and improve management efficiency.
(5) Strive to improve the judicial level of grass-roots courts. Focus on strengthening the supervision and guidance of the trial execution of grassroots courts and promoting the work of grassroots courts. Continue to carry out the "three activities" competition in depth, and promote the people's courts to make new progress in the work of justice for the people, team building, and material equipment.
Delegates:
In the new year, under the guidance of Scientific Outlook on Development, our institute will continue to emancipate the mind, rely closely on the leadership of the Municipal Party Committee, consciously accept the supervision of the National People's Congress, strive to create a new situation in all work, and make new contributions to building a well-off society in an all-round way and accelerating the basic realization of socialist modernization in our city.