[Boutique] Court warning education experience

Part 1: Court warning education experience

At present, the national political and legal system is carrying out extensive and in-depth educational activities on the concept of socialist rule of law. This is a major decision made by the Party Central Committee from the overall situation of socialist modernization construction, efforts to strengthen the ideological and political construction of the political and legal forces, and the promotion of socialist rule of law. To establish the concept of socialist rule of law, we must comprehensively understand and grasp the profound connotation and basic requirements of the socialist rule of law in accordance with the actual work of the people's courts, exercise judicial power in strict accordance with the law, and strengthen the building of the people's court. have to

Firmly establish the guiding position of the socialist rule of law in the work of the people's courts, and carry out the socialist rule of law concept in the work of the people's courts to guide and promote the development of the work of the people's courts.

First, seriously understand the basic connotation of the concept of socialist rule of law

The so-called "idea" is actually a concept, understanding and belief, or value of people. In the process of exercising judicial power, the concept of the rule of law is ubiquitous and omnipresent. Judicial power is an important part of judicial power. First of all, each kind of judicial system contains a concept of the rule of law. The concept of the rule of law can be embodied by the judicial system and implemented in the actual operation of this system. Secondly, in the exercise of judicial power, each judge will follow his own understanding of the legal system, his understanding of the judicial system and the litigation system, his understanding of the nature of the law, the concept of society, and even the understanding of human nature. The right to show their rule of law. Thirdly, the degree of promotion or advocacy of the concept of the rule of law in society can be directly expressed as the connotation, size and strength of the legal consciousness of the public, thus affecting the degree of law-abiding, law-protecting and law-loving in the whole society, affecting the rule of law of the country. The success or failure of the process and trial reform. It can be said that what kind of rule of law concept will produce what kind of trial system. And what kind of judicial system will lead people to form what kind of rule of law concept. The Party Central Committee, with General Secretary Hjt as the general secretary, put forward the important proposition of the socialist rule of law on the basis of earnestly summing up the practical experience of the rule of law in China and drawing on the achievements of the rule of law in the world. This marks our party’s construction of socialism with Chinese characteristics. The law of the rule of law and the law of the party's governance have gained a deeper understanding and grasp, and further pointed out the direction for the construction of socialist rule of law in China. Only by firmly establishing the concept of socialist rule of law can the people's courts ensure the further healthy development of the people's judicial cause, ensure the implementation of the party's and the country's major decision-making and the basic strategy of governing the country in accordance with the law, and enhance the ability to safeguard the socialist rule of law and protect the people. The ability of legitimate rights and interests can improve the political and ideological quality, professional quality and professional ethics of the court team, and complete the sacred duties conferred by the party and the people.

The concept of socialist rule of law in China is an advanced concept of the rule of law and a rule of law that truly conforms to the interests and needs of the broad masses of the people. In order to carry out the education of the socialist rule of law in depth, the people's courts must arm the minds of the people's judges with the concept of socialist rule of law, and ensure that the people's courts are always loyal to the party, loyal to the country, loyal to the people, and loyal to the socialist political nature of the law. The basic connotation of the socialist rule of law is "ruling the country according to law, law enforcement for the people, fairness and justice, serving the overall situation, and leading the party." Governing the country according to law is the core content of socialist rule of law. Law enforcement for the people is the essential requirement of socialist rule of law. Fairness and justice are the value pursuit of socialist rule of law. The overall service is the important mission of socialist rule of law. Party leadership is the fundamental guarantee of socialist rule of law. . These five aspects complement each other and reflect the organic unity of the party's leadership, the people being the masters of the country, and the rule of law. The judges must comprehensively and accurately understand the essential requirements and profound connotations of the socialist rule of law concept, firmly establish the concept of governing the country according to law, safeguard the authority of the Constitution and the law, firmly establish the concept of the judiciary for the people, safeguard the fundamental interests of the overwhelming majority of the people, and firmly establish fairness. The concept of justice constantly improves the ability to maintain social fairness and justice; firmly establish the concept of serving the overall situation, promote comprehensive and coordinated economic and social development; firmly establish the concept of party leadership, and always uphold the party's absolute leadership over the work of the court. And consciously insist on using the concept of socialist rule of law to guide practice.

Second, in accordance with the concept of socialist rule of law, strict implementation of judicial duties in accordance with the law

As a systematic theory, the socialist rule of law concept should objectively recognize the significance of its existence. On the one hand, the socialist rule of law concept is the ideological and theoretical basis and action guide for the people's courts to exercise judicial functions and conduct trial work under the new situation. . The people's courts exercise judicial power on behalf of the state and are an important part of the superstructure. The people's courts establish the socialist rule of law concept, that is, to firmly establish the fundamental guiding position of the socialist rule of law in the work of the people's courts, and to put the socialist rule of law concept into the people. In the various work of the court, it guides and promotes the development of the work of the people's courts. On the other hand, the concept of socialist rule of law is a prerequisite for truly establishing the authority of judgment. The reform of trial mode is first of all the change of concept. It does not form a relatively mature concept to guide it. It is easy to lead to the blindness of reform. The lack of ideas will lead to confusion of ideas and lack of belief. The mobilization of slogans and popular movements is not It may really establish the authority of the judiciary. Fairness and justice are the value pursuit of socialist rule of law, and also the standard and pursuit goal that our trial work should follow.

Truly independent, honest and efficient

The independence of the judiciary is the premise of the referee's impartiality In the process of handling a case, judicial judges must handle cases impartially, do not yield to power, do not succumb to grievances, and strictly enforce the law. At the same time, the jurisdiction of the people's courts is related to the killing of the students, but it must be placed under strict internal and external supervision. Under the current situation, the people's courts exercise their judicial power independently in accordance with the law. In particular, they must pay close attention to the leadership of the party, take the initiative to accept the supervision of the people's congress, and accept the supervision of the CPPCC, all sectors of society and the people. The leadership of the party is the fundamental guarantee of the socialist rule of law, and the judicial jurisdiction of the people's courts, as an important aspect of the state's political power, must firmly grasp this fundamental. If you forget this, you will forget the source of the people's court's judicial power and lose the correct view of power. Keeping this in mind, we can effectively resist all kinds of abnormal interference and truly exercise judicial power in accordance with the law. The integrity of the judiciary means that judicial judges should be honest and self-disciplined, free from the temptation of various interests, and consciously resist all kinds of corrupt behavior. Injustice in the judiciary is an important factor leading to judicial injustice. People's judges as fair and

The embodiment of justice should be clean and honest, spotless, satisfy the people and let the people trust. It is necessary to further strengthen the system construction and gradually form a mechanism for incentives, guarantees, punishments and restrictions that judges are unwilling to do, not to act, not to act, and not to be greedy. Constantly increase supervision and investigation, take the initiative to accept legal supervision, social supervision, public opinion supervision and democratic supervision, and seriously investigate and deal with people and things that use the right to trial, enforcement power, malpractice, greed and other laws that harm the interests of the parties and hurt the people's feelings. At the same time, we must also see that the integrity of the judiciary is only a guarantee of justice. The referees are not clean and it is impossible to make a fair referee. However, a clean judge does not necessarily make a fair referee because the justice of the referee depends on the quality of the judge. Whether to follow the program and other factors. Judicial efficiency refers to judicial review

The judges must pay attention to efficiency in the refereeing activities, try to facilitate the people and the people, and strive to eliminate unnecessary delays.

Ensure that the referee results are fair

Referee justice means that the referee is objective, reasonable, reasonable and legal. That is to say, the people's court can accurately determine the facts of the case, correctly apply the law, and make an objective and fair and impartial ruling according to law. The referee is an extremely important judicial activity that ends the proceedings and initiates the execution of the program. Therefore, whether the referee is fair or not has a decisive and far-reaching impact on the entire judicial justice. The fairness of the results is the requirement of the refereeing activities and the expectation of the litigants. The 16th National Congress of the Communist Party of China proposed that "the socialist judicial system must guarantee the realization of fairness and justice in the whole society" and endowed the glorious and arduous historical mission of the judicial organs. "Fairness and efficiency" is the eternal work theme of the people's court. Fairness and justice are the value pursuit of socialist rule of law. Only by making the entity referee fair, the case handling procedure is legal, the refereeing documents are standardized, and efforts are made to achieve the organic unity of legal effects, social effects and political effects, in order to maintain legal dignity and establish judicial authority. In order to achieve fair referee, we must do the following: 1. Determine the facts are objective and true. The fact that the facts are objective and true is the basis and premise of the referee's justice. If the facts are inaccurate, there is no fair referee. Therefore, when we determine the facts, we must rely on the evidence to judge the rules, combined with the specific circumstances of the case, and strive to make the referee facts objective and true, we must resolutely put an end to subjective assumptions, fiction and even distortion of the facts. 2. The applicable law is correct. The law is the basis of the referee and the basic criterion for judging whether it is fair. Generally speaking, if the applicable law is correct, the referee is fair, and if the law is wrong, the referee is unfair. Applicable law is correct, including both substantive law and program law. 3. Discretion is reasonable. Whether it is sensible or reasonable within the discretionary degree prescribed by law is also a criterion for judging whether the referee is fair. In many cases, due to the large discretionary discretion required by law, improper selection of free referees often leads to unfair refereeing. Therefore, the judges must correctly apply the discretionary power and strive to make the referee reasonable. We must resolutely put an end to the prejudice of discretion and conduct unfair judgments.

3. Establish a professional judge team in accordance with the requirements of the socialist rule of law

Improving judicial efficiency and realizing judicial justice and modernization of judges is the ultimate goal of judicial reform. Building a high-quality judge team is the key to achieving this goal. The modernization of the rule of law is an important aspect of the modernization of judges.

Establishing the concept of socialist rule of law is the requirement of the judge profession itself.

In the eyes of the people, judges are the embodiment of the state and the law and a symbol of social justice and social conscience. The judge must live up to the people's expectations and the mission of not humiliating the law. He must become a person who serves the people wholeheartedly, has profound legal professional knowledge, is skilled in judicial skills, and has high professional ethics. The regularity and particularity of the trial work requires that judges engaged in trial work must have unique professional qualities and abilities, have deep legal knowledge and rich experience, and have the same or similar knowledge background and education. Experience and accept unified vocational training. In this way, the judge's understanding and application of the law will not be biased, and judicial justice will be guaranteed. Through the professionalization of judges, we can gradually form a whole system with a firm belief in the rule of law, good professional training, skilled judicial skills, excellent professionalism and noble professional ethics, thus forming a unique professional tradition and professional temperament. In recent years, many scholars and experts in China have called for the ranks of judges to be composed of "social elites" and to have higher social status and living conditions. This is because judges shoulder the heavy responsibility of exercising judicial powers in a fair and independent manner. This is not only related to the vital interests of thousands of parties, but also related to the economic order of the society and the order of public security, and to the realization of social justice and judicial justice. Therefore, judges must strengthen their self-cultivation so that they have good political, professional and moral qualities; judges will not become a legitimate judge if they do not strengthen their self-cultivation.

To achieve this goal, judges must adhere to the study of scientific theory, that is, to study Marxism, Mao Zedong Thought, and Deng Xiaoping Theory earnestly, to transform the subjective world and establish a correct world outlook, outlook on life, and values ​​in accordance with the requirements of the important thinking of the 'Three Represents.' Establish the concept of serving the people wholeheartedly; observe the things and handle cases with the viewpoints, positions and methods of arguing materialism and historical materialism, and correctly, appropriately and reasonably handle the strict handling of cases and the "three favorable" relationship, and strive to The best unity of legal and social effects. Practice has proved that to do this, it is not enough for judges to have deep legal training, judicial skills and good conduct, and they must also have good political qualities. Third, judges should have good conduct. The conduct mentioned here does not refer specifically to the judge's professional ethics, but to the personal qualities and ethics of the judge as an ordinary person. As a member of society, a judge should abide by the ethics of citizens and be a good citizen. Practice has proved that a good citizen may not be a judge; but a judge must be a good citizen. Only in the daily life and in dealing with personal affairs and social relations, judges can truly respect the public's moral standards in order to gain the respect of the public, and then enjoy a good personal reputation, and then establish the judge's personal charm and authority, and establish a good image of the judge. .

Establishing the concept of socialist rule of law is the need to achieve "justice and efficiency."

The main goal of the current judicial reform is to enhance the independence and authority of the judiciary, and to enhance people's belief in the rule of law and trust in judges. In recent years, a small number of cases have been unfair and inefficient, and very few judicial personnel have even slandered the law. This is directly related to the low quality of the judges. To solve this problem, the key now is to comprehensively launch the professionalization of judges in China to cultivate a team of judges with high political and ideological qualities, good professional ethics and superb professional skills. Only by comprehensively improving the quality of judges can we arouse people's high respect for judges, win higher social credibility, truly establish judicial authority, and truly realize the theme of "justice and efficiency" in the century.

Establishing the concept of socialist rule of law, strengthening judicial authority, and ensuring the judicial independence of judges.

It is not difficult to imagine that the professionalization of judges is conducive to guaranteeing the neutral and independent trial status of judges and promoting the historical process of building a socialist country ruled by law. In modern countries ruled by law, judges are special groups that maintain the rule of law in the country. The quality of judges is directly related to the realization of the rule of law and plays a significant role in the function of law. The important measure of the professionalization of judges lies in the neutrality and independence of the trial, because the neutrality and independence of the judiciary is the basic requirement of the modern rule of law. The more independent the trial, the higher the degree of specialization of the judge's profession; on the contrary, the higher the professionalism of the judge, the more independent and fair the trial can be promoted. The two are mutually reinforcing dialectical and unified relations. Therefore, building a socialist country ruled by law will inevitably impose strict professional requirements on judges. Judges must have special and distinct professional qualities and professional characteristics. This is an inevitable path.

Part 2: Court warning education experience

Recently, I have carefully studied the "Selection of Warning Cases for People's Courts" edited by the Discipline Inspection Section of the Central Disciplinary Committee of the Supreme People's Court and the Supervision Office of the Supreme People's Court. I am deeply touched.

Huang Song, the former vice president of the Supreme Court, used his position to improve the assistance of others in the trial and execution of relevant cases, and accepted bribes of more than 400 million yuan. Waiting for him will be severely punished by law. Guo Shenggui, the former dean of the Xicheng District Court in Beijing, introduced the source of the case to the legal worker, used the case for personal gain, and used the power to seek personal gains, and intervened in the infrastructure to embezzle public funds; Luo Kaiyuan, the former president of Hunan Xiangtan Intermediate People’s Court, abused the organization of personnel rights and sold the official wealth, asking for and receiving Others bribe more than 2.31 million yuan; the former director of the Sichuan Provincial High Court Executive Board, Luo Shuping, was sentenced to 10 years in prison for accepting bribes. He will spend the long years in the high wall power grid. For example, the former president of the Jilin High Court, Song Xiang, and the former vice president of the Binzhou Intermediate People’s Court, Huang Xiaoguang, from the excellent judges, were sentenced to prisoners... Throughout the above cases, they were mostly born to farmers. The family, after hard work and hard work, made great achievements in their respective jobs, and then they were able to climb step by step. In the end, they all occupied important positions, some were scholar-type judges, some were expert judges, and some were Excellent judges, they were originally the example of our study. They should have focused on the interests of the party and the interests of the people. But they spurred their greed, used their powers to start power transactions with the parties, and even colluded with criminals; Did not maintain the necessary distance from the lawyers, did not maintain the necessary vigilance, and was pulled into the water; some violations of the provisions for the parties to talk about, take care of, intervene in the cases handled by others, from the benefits; they forgot the professional conduct of the judge, there are The enthusiasm for the boss, making friends, obsessed with the feasting lifestyle. The reason why they became the sinners of the people is because, as time goes by, the status changes, in the face of previous honors and achievements, their views on learning, world outlook and values ​​have deviated, and they have relaxed their own ideological transformation and relaxation. Learning and relaxing the requirements of myself, I always think that theoretical study is a kind of burden. The usual special studies and theoretical studies are all going through the scenes. They lose their senses and lose their ethics in the face of various temptations and tests. One-sided pursuit of money and wealth, Personal interests are supreme, ideologically do not think ahead, do not pursue pursuits in work, life is not willing to be simple, the concept of the legal system is weak, and finally slipped into the quagmire of crime, embarked on the road of no return of crime, degraded from a people's judge The sinner of the people. When they are detained in detention centers and labor reforms, they lose their personal freedom and lose the trust of organizations and leaders and comrades, knowing the value of freedom; when they are rebellious, they know the value of family; when they are confused about the future When they are upset, they know how shameful and hateful the original behavior is; when they are deeply reflective and awakened, it is too late.

In the future, I will use them as a mirror to strictly abide by the "five prohibitions", "six bans" and "judges law" provisions of the Provincial High Court, and the judges will be "anti-corruption defense" and strengthen To learn and improve political quality, we must correctly treat and use the judicial powers conferred by the party and the people, never make money transactions with the parties, maintain the necessary distance with lawyers, serve the people wholeheartedly, and constrain their own behaviors outside the industry. You can live in loneliness, keep the poor, and you shouldn’t eat it. You shouldn’t say it, don’t say it, don’t take it, don’t take it, don’t go where you should go, consciously resist rights, relationships, human feelings, The influence and interference of various factors such as interests, vigorously carry forward the spirit of Huai'an court, and firmly establish the sense of purpose, the rule of law, the sense of responsibility and the integrity, strictly abide by the professional ethics and professional conduct of judges, and adhere to the principles of "Chongfa, Shangde, and the people". The bottom line of the law is to integrate the justice and justice of the judiciary into every case, and strive to make the people feel the public in every judicial case. Justice.

Part 3: Court warning education experience

On the morning of May 10th, I participated in the "Listening Court Trial of Warning Education" organized by the County Commission for Discipline Inspection. I was deeply touched.

During the period of socialist economic construction, some party members and cadres gradually indifference to the concept of the legal system driven by personal desires, lost principles in the face of power and money, and ignored the cultivation of the party for many years. The affairs of the members and the public servants took the sinful steps and sent themselves into hell. In the end, they were defeated. The lesson is profound and painful. We must learn from these cases and take it as a warning. Through this trial education, I deeply reflect on myself and realize that there are still some problems and deficiencies in terms of ideals and beliefs, in political life learning, and in transforming my subjective world. I am determined to do the following in my future work and study:

First, always maintain good study habits. Learning is a compulsory course for every party member cadre. Only by continuously strengthening learning can we improve our own quality and ability. Without learning, we can't improve our ability, and our ability cannot be improved. Many things can only be studied with meditation, and we can think and gain something. The living facts tell us that if we don't learn, our thoughts will not be transformed, and our desires will easily expand. We will not be able to refuse temptation. When we encounter temptations, it is easy to mess up the squares, and it is easy to be stumped by the rope of temptation. Therefore, we must study hard, learn from books, learn from the middle school, learn the true skills, and make our own contribution to the national economic construction.

The second is to learn from the case. The cases displayed during the trial process were shocking and shocking, and were greatly touched in the depths of their own thoughts. Rethinking the process, causes and lessons of his criminal path: some leading cadres do not pay attention to the transformation of the world outlook, outlook on life and values, the expansion of private desires, the abandonment of communist ideals and the party's purpose, the outlook on life and values ​​deviating from the correct direction, morality The imbalance of ideas and the sacred powers given by the state and the people are regarded as tools for seeking illegitimate wealth and seeking personal gain, politically losing faith, economic greed, and corruption in life. With human mirrors, you can know the gains and losses. By warning the educated criminals, they use their contemptuous vigilance and use their desire for freedom and life to give us a real alarm. Through these typical cases, once the cadres are eager to expand and eager to succumb, they will lose their ideals and beliefs and defeat them in the face of money. Once they pursue fame and fortune and gain fame, they will lead to quick success and help the development of their careers. If you are light, and you are lucky, you will be punished by the law and eventually become the sinner of the people. Through study, I also made myself aware that we should always remember the standards of a Communist Party member, strengthen political awareness, overall awareness, dedication, service awareness, and diligent awareness, and faithfully implement the important thinking of the "Three Represents."

The third is to maintain the fine tradition of hard work. In recent years, some party members and cadres have forgotten their hard work style and are keen on pursuing personal greed, abandoning party discipline laws, corruption, and embarking on the road of crime. We must take precepts as a warning. We must continue to carry forward the style of hard work, abide by the party's purpose, promote diligence and thrift, and constantly maintain and carry forward the fine tradition of hard work. There is a poem in ancient times: "A gambling gambling is poor, and the car should be inspected before the car." Those officials who are still immersed in the gambling of the sea must be more introspective. The power given by the people is to serve the people, not for the individual. If you come to the table to gain personal gain, there will be no good end to the "game" of the party discipline and state law, because no one can take power to gamble tomorrow.