Investigation Report on the Construction of Grassroots Courts by County People's Courts

Tonghai County People's Court

Investigation report on the construction of grassroots courts

General Secretary Jiang Zemin pointed out: "The foundation is not strong, and the ground is moving." Dean Xiao Yang also said many times: "Strengthening the grassroots construction of the people's courts and ensuring judicial justice is an objective requirement for China's reform and opening up and the implementation of the basic strategy of governing the country according to law. Important guarantee." In order to sum up the experience of grassroots construction, carefully analyze and solve the outstanding problems existing in the grassroots courts, to adapt to the new situation and the new requirements for the construction of the people's courts, the Supreme People's Court held the "national court grassroots construction" held on April 29, 2004. The video research meeting of the situation research work decided to conduct an in-depth and comprehensive investigation of the grassroots construction of the national courts within May this year. This move further demonstrates that the Supreme People's Court attaches great importance to grassroots work and is the Supreme People's Court to strengthen the grassroots level. Important measures for construction. According to the investigation requirements of the higher courts on the construction of grassroots courts, the Tonghai Court closely organized its own investigations on the construction of grassroots courts. The specific investigations of our institute are reported below.

I. Basic conditions of strengthening the grassroots construction in Tonghai Court

(I) Overview of the basic situation of the county

Tonghaisu is famous for its “Ritual and Musical State”. It is famous for its outstanding scenery, beautiful scenery, rich products, convenient transportation and developed economy. There are “Xiujia Nanxun” Xiushan and “Plateau Pearl”, one of the four famous mountains in the province. lake. The county is located in the south of central Yunnan Province, with an average elevation of 1,820 meters. The climate is humid and the seasons are like spring. The total area is 721 square kilometers, with a population of more than 260,000 people and a population density of 334 people per square kilometer. There are 17 ethnic groups including Han, Yi, Hui and Mongolian. There are 69 villagers' committees in 9 towns and towns in the county. It is one of the provinces with relatively developed economy in agriculture, industry and business. The county has a certain level of agricultural production. The history of commercial and light handicraft industry has a long history. After the reform and opening up, townships and towns Enterprises have sprung up, transportation has developed rapidly, and the postal and telecommunications network is sound. The county's gross national product, total social output, national income, and industrial and agricultural production are located in Yuxi City, the top 15 in Yunnan Province. The whole county situation is embodied as follows: small area, large population, multi-ethnic mixed living, and many problems of “hot spots” and “difficulties” in public security.

(II) Analysis of the basic situation of the team

The total number of Tonghai courts is 55, and there are currently 48 official police officers in service, with an average age of 35.8 years. There are 34 males and 14 females, 7 ethnic minorities, 19 party members and 6 members of the Communist Youth League. Education: 23 in the university department, 23 in the specialties, 2 in the legal professional certificate, and 24 in the official police officer who is qualified to be a judge. Since the implementation of the national unified judicial examination in 2002, the Tonghai court has registered 15 times for the examination, and one person passed the national judicial unified examination, the pass rate was 6.6%. In the management of the police team, the party group of our institute strictly follows the provisions of the "Judges Law" and strictly controls "imports" and dredges "exports". It has passed through the five years from January 1, 1999 to December 30, 2003. There were 6 people who were transferred to the courts through normal channels, and 5 people were transferred from the courts, and 12 people were retired. They were transferred to the public to recruit 5 clerk members from the public. Since the implementation of the Judges Act in 1995, our court has strictly followed the "Judges Law" in the management and appointment of judges, and has never appointed any judges illegally.

In the education management training of the police, Tonghai Court has formulated the working ideas of “people-oriented, internal strength, and external tree image”, and the comprehensive skills of training judges are taken as a long-term strategic task. In the past five years, Tonghai Court has adopted the dual-track approach of academic education and post training. 46 of the 48 police officers in the hospital have achieved college education, including 23 in the university department, 23 in the specialties, and 5 have completed the postgraduate courses; The in-service police officers conducted 345 person-time training.

According to the requirements of the reform of the court institutions in 2002, there are 14 working institutions in the whole hospital. The leading group of the party group consists of five members. The average age structure of the whole team is 40.8 years old. The level of knowledge is high. It is a vigorous and united, A leadership group with strong combat effectiveness and cohesiveness that is realistic and pragmatic, determined to be enterprising, honest and self-disciplined. Since adhering to the principle of "strictly administering the court and strictly administering the police", it has not received any complaints from the public about violations of laws and regulations in the past five years. There is no illegal or disciplinary violation in the police. The whole team is a loyal A team with strong fighting ability, which is reliable, disciplined, excellent in style, honest and self-disciplined, dedicated and loving, well-trained, well-trained and well-versed.

(III) Analysis of the basic situation of trial work

The Tonghai County People's Court has 7 and 4 people's courts in the existing business courts. In the past five years, our hospital has centered on trial work, strengthened case filing, criminal trial, civil trial, administrative trial, trial supervision and enforcement. It has handled 9,532 cases of various types according to law, and closed and executed 9431 cases of various types, with a settlement rate of 98.9. %, up 43.2% over the 4,759 items in the previous five years, and an average of 1,886 cases were concluded each year. According to the current staffing of 48 people, the annual per capita number of cases was 39.3. Among them, 920 pieces of 1,193 criminal cases were accepted according to law, 920 pieces of 1,193 people were concluded, and the trial rate was 100%; 3,929 cases of civil and commercial disputes were accepted according to law, and 3,927 cases were concluded, the settlement rate was 99.9%, and the subject matter involved was 3. 02 billion yuan; 5 administrative cases were accepted and concluded according to law, the settlement rate was 100%, and 71 administrative non-litigation cases were accepted and examined; 4678 cases of various civil and commercial executions were accepted according to law, and 4579 execution cases were executed, the implementation rate At 97.8%, the total amount of execution targets reached 147 million yuan.

In the past five years, in the various cases concluded by the whole hospital, there were 359 protest cases, accounting for 0.07% of the number of closed cases, of which 12 were re-reviewed, 0.3% of the protest cases, and 65 were changed, accounting for the protest cases. 18.1%, 282 cases of initial judgment and partial minor change, accounting for 78.55% of the protest cases. In the past five years, there have been 18 cases of over-reviewed cases, accounting for 0.003% of the total number of cases, and 18 cases have been concluded. The main types are civil cases; there are 6 cases for application for retrial, and 6 cases are closed; no cases of protest And the situation of overdue detention. Among the 3,927 civil and commercial cases that have been concluded in the past five years, there are 3,616 cases that are subject to summary procedures, accounting for 92.1% of the number of civil and commercial cases. In the various civil and commercial cases that have been concluded, the cases closed through mediation. 1094 pieces, accounting for 27.85% of the cases closed in civil and commercial cases. In the past five years, the Judicial Committee has discussed 49 cases of various types, including 29 criminal cases, 17 civil cases, and 4 executions.

(IV) Analysis of the basic situation of infrastructure construction

1. Office and case funding

In the past five years, Tonghai County People's Court strictly implemented the “two lines of revenue and expenditure” system, established a unified charging system, and all the courts canceled the bank accounts. The fees were uniformly managed by the filing court, entrusted by the bank, and the business courts handled the cases. In the process, only bills are charged, and the ticket separation system and the regular refund payment clearing system are strictly implemented. In the past five years, the total amount of litigation fees is 3.25 million yuan, and the fines are 9.7 million yuan, and the legal fees are reduced by 1.31 million yuan. The funds for handling cases have been improved year by year; the local government has not issued income-generating and investment-inviting indicators to the people's courts in the past five years.

2. Basic situation of the construction of the two chambers

(1) Construction of the trial building: The trial building of the Tonghai County People's Court commenced construction in August 1998 and was completed on September 9, 2000. The experience was accepted and delivered for use. The total construction area of ​​the whole building is 6,395 square meters, with a total investment of 10.89 million yuan. There are one large court, one middle court, seven small courts, several offices, and a canteen, garage, archives room and conference room. The reading room of the book, the conference room of the committee, etc., the building of the whole building is magnificent and full of functional design. However, due to the fact that the proportion of investment funds at all levels when the project was originally established was not fully in place, the funding gap of 8 million yuan in the entire trial building has not been put in place, which has become a serious problem affecting the smooth conduct of various trials in the Tonghai court. It is necessary for governments at all levels to increase investment and properly resolve them.

(2) Basic information on the construction of the People's Court: There are four people's courts in the Tonghai County People's Court. There are three people's courts in the four people's courts with independent offices and handling places. Among them, the Hexi People's Court has offices and handling offices of 400 square meters. The Four Street People's Court has 200 square meters of office and case handling; Yangguang People's Court has 160 square meters of office and case handling, and the Jiujie People's Court has no independent office or handling place, and temporarily rents the temporary housing of the Jiujie Political Government for handling cases. place. In the four people's courts, there are cases where the handling conditions are poor and the equipment is extremely leaky. It is necessary to continuously increase capital investment and strive to improve office conditions.

3. Construction of office modernization information network

Under the great care and support of the higher courts and the Tonghai County Party Committee and the government, after nearly one year of unremitting efforts, in 2002, the company invested more than 500,000 yuan to complete the construction of the first and second phases of the office modernization information network. It has two IBM servers, three Huawei switches, one disk array cabinet, one UPS power supply, 134 network information points, one network printer, three HP laser printers, and a speed printer. One set, one Sony projector, two scanners, one database and one business management software, three digital cameras and 53 microcomputers. Each hospital has one microcomputer, and five of them are assigned to the court. The use of court records. The regional network of our institute was officially completed on April 28, 2003. The Internet site of Tonghai County People's Court officially opened online in mid-December 2003, becoming the first Internet-based website in the grassroots courts in Yunnan Province. Grassroots court.

2. Basic experience and main achievements of the grassroots construction of Tonghai Court

In order to comprehensively strengthen the construction of grassroots courts, in 2000 the Supreme People's Court convened a national court to strengthen the grassroots construction work conference, and issued "Several Opinions on Strengthening the Grassroots Construction of the People's Court." In accordance with the requirements of the Supreme Court and the actual work, Tonghai County People's Court comprehensively strengthened its own construction, conscientiously implemented the "Five-Year Reform Outline of the People's Court" and "Several Opinions on Strengthening the Grassroots Construction of the People's Court", closely surrounding "Fairness and Efficiency" The theme is to focus on judicial justice, focus on team building, focus on judicial reform, focus on grassroots infrastructure construction, clearly propose and realize new breakthroughs in trial mode reform, new improvement in trial quality, new progress in implementation work, and team We will build a "five new" struggle goal with new changes in the spirit of the new meteorology, judges and courts; strengthen the three management of trial, team and administration; firmly grasp the focus of grassroots infrastructure; firmly establish the political overall situation, Five awarenesses of serving the people, quality and efficiency awareness, learning and research, and judicial integrity; continue to carry forward the six spirits of courage, innovation, fairness, selflessness, teamwork, and hard work.
(1) Trial reform is the driving force

In order to implement the requirements of the Party’s 15th National Congress to promote judicial reform and ensure the judicial organs to exercise judicial power independently and impartially in accordance with the law, the Tonghai Court has been in the Supreme People’s Court’s Five-Year Reform Outline of the People’s Court for five years. Under the guidance of the judicial reform principles of “clear powers and responsibilities, mutual coordination, effective supervision, and efficient operation”, the reforms of the “fairness and efficiency” were closely followed, and the reforms of the courts were actively and steadily promoted. The goal of the trial management system reform determined by the Party Group of Tonghai County People's Court is to establish a court trial management system that conforms to the law of trial, adapts to the reality of our hospital, and focuses on the future, with clear responsibilities, reasonable division of labor, efficient operation, and strong guarantee. Make the reform of the Tonghai court keep pace with the reform of the national court and strive for innovation.

In the five years of reform, the Tonghai Court first carefully grasped the value orientation and basic orientation of the judicial system reform established by the 16th National Congress, and clarified the goals, directions and requirements of the reform and development of the whole hospital. Second, it persisted under the leadership of the party. Reforms within the scope of the Constitution and laws; thirdly, we have carefully summed up the valuable experiences and lessons from the past reforms, and explored new ideas and methods suitable for the reform of our institute in order to achieve new breakthroughs in reform. .

1. Deepen the reform of trial methods

Deepening the reform of trial methods is the basis for improving the efficiency of trials and ensuring the fairness of judgments. The traditional way of trial is that the parties have a paper complaint to the court. The judge is exhausted and investigates and collects evidence, leading to pre-emptiveness, which forms a passive situation in which litigation costs increase and trial efficiency is not high. In order to change the passive situation in the trial, in the past five years, our school has fully implemented the "three justices" of formulaic justice, substantive justice, and image justice, and the focus, evidence, cross-examination, debate, identification, and referee publicity of the "six public". Judicial system. Full implementation of the new trial mode, making the trial a central part of the trial, changing the corrective litigation as a prosecution-style litigation, strengthening the judges to preside over the trial and the role of the referee, strengthening the burden of proof of the parties, and achieving the openness of the trial, enhanced Transparency of the trial. Let the parties reasonably speak in court, have evidence in the court, the lawsuit wins the righteousness, and loses plainly. It not only reduces the cost of litigation, but also ensures the supervision of the trial work by the parties and the people, and prevents the referee from being unfair and judicial corruption.

In order to improve the reform of trial methods, the rules of evidence for civil litigation have been formulated, the pre-trial procedures have been improved, the pre-trial evidence exchange system has been promoted, the scope of trial cases for simple procedures has been gradually expanded, and the efficiency of litigation has been improved; the practice of wearing judges and wearing robes, usage 槌The system regulates the words and deeds in the judges' trials and establishes a good image of judicial civilization.

2. Advance the innovation of trial mechanism

In order to establish the image of “just, efficient, honest and civilized” of Tonghai Court, the internal functions of the court have been reformed. There are 14 internal institutions in the whole court, and the internal institutional relations have been rationalized; the trial, trial and trial have been implemented. Supervise the "three separate" system; on the basis of the realization of the modern management of the computer office in the whole hospital, the formulation and implementation of the case trial process management system, unified filing, unified delivery, unified scheduling, and the realization of each case from the case, The whole process of trial, execution and archiving has effectively supervised the whole computer, and realized the intelligent management of the whole computer. It has eliminated the shortcomings of the judges’ personal self-receipt, self-review, self-restraint and long-lost cases, and black-box operation. The mechanism has ensured the coordinated operation of all aspects of the judicial activities of the whole hospital, improved the efficiency of work, and promoted the establishment of a trial mechanism with independent, fair, open and efficient as the main connotation.

3. Improve the trial system and establish a new pattern of civil trials

In accordance with the three major criminal, civil and administrative litigation systems, the Tonghai Court restored the economic court and established the second chamber of the people. The court has only three criminal courts, including civil, civil and administrative courts. In order to establish the three civil, criminal and administrative trial systems corresponding to the three major programs, to resolve the long-term separation of civil and commercial, and to avoid the civil and commercial cases involving the same program and substantive law, which are caused by two chambers. In the same court, the differences between the referee and the applicable law in the same type of case are based on the principle of "combination of civil and commercial, relatively stable, and reasonable balance", according to the number of personnel, the status of the school, and the actual circumstances of the case. In the city's courts, the first to merge the People's Court and the People's Court, and established the Civil and Commercial Trial Chamber. There are three collegiate chambers. According to the nature of civil legal relationship, the civil and commercial cases are divided into marriage and family, infringement, and contractual debt. Large categories are heard by different collegiate panels. Through trial practice and theoretical research, judges of different collegiate benches have higher attainments in the trial of similar cases in relevant law fields, allowing judges to form their own professional fields through trial practice and theoretical research, in order to promote the professionalization and elite of judges. To change the "all-round" judges into "professional" judges, improve the quality and efficiency of case handling, avoid the results of different judgments in different cases by different trial courts or different judges, and maintain the unified implementation of national laws. The whole hospital has laid a good foundation for accelerating the professionalization of judges and taking the professionalization of judges. Through this reform, the quality of civil and commercial cases in Tonghai courts has risen sharply. Judging from the quality analysis of the city's recent protest cases in Yuxi Intermediate People's Court, the rate of retrial of the protest cases in our hospital is only below 15%. It is the court with the lowest rate of protests in the city. With the same team, we organize through trial. The reform of the system has achieved a qualitative leap in the quality of the case.

4. Deepen the reform of the case, formulate and implement the case trial process management system

On the basis of the separation of trials and trials, based on the case-based work, accelerate the pace of reform of the case-based work, standardize the functions of the case-solving work, and work out on the basis of the modernization of the computer network, combined with the actual situation, to develop an operational suitability for the hospital. The "Tonghai County People's Court Case Trial Process Management System" with strong sexuality has realized the whole process of controlling and managing the whole case from filing, scheduling, delivery, trial, execution and filing, formulating the rules for the delivery of the case, and establishing a standardized science. Efficient, efficient, fair and equitable trial management mode.

5. Promote the reform of refereeing documents and improve the quality of case referee

The refereeing documents of the people's courts are an objective reflection of the court's entire process of hearing each case, and it is also a good material for carrying out legal publicity and education to the people. In the past, the judgment documents, due to the influence of the interrogation method, did not pay attention to the analysis and identification of the evidence, and did not pay attention to the judgment of the opinions of the prosecution and the defense. The judgment was simple and the parties could not understand why their lawsuits won because of the judgment. lose. With the deepening of the reform of the court's trial mode and the gradual rationalization of the functions of the internal institutions, the content and structure of the reform of the judgment documents has become an inevitable trend. To this end, our hospital actively explores and constantly tries to reform the refereeing documents. Through hard work, the referee documents produced by our institute can objectively and completely reflect the basic situation of the parties involved in the case, the trial process, the claims of the prosecution and the defense, the reasons and the focus of the dispute; pay attention to the analysis of the evidence and the reasons for the determination, The attitudes of the parties that support or disapprove are clear and reasonable. Through the standardization of the judgment documents, the logic and rationality of the judgment documents are enhanced, and the referee justice is embodied. In 2002, our hospital submitted 6 legal documents to the City Intermediate People's Court for evaluation, and 3 of them were rated as excellent legal documents.

5. Abolish the reception day system of the president, establish and implement a public hearing system for appeals and applications for retrial cases.

The purpose of setting up the "reception day" is to enable the leaders to do a good job of the people's visits in a timely manner and solve practical problems for the people. However, for the courts, the main purpose of the people's visits is to solve the problems in the case, but The case must be handled in strict accordance with the program. In the process of reception, the dean can not actually surpass the program and directly give the people a satisfactory answer. Therefore, the establishment of the president’s reception day system within the court has little meaning and effect. At the same time, The traditional application retrial and appeal system has the following four drawbacks: the subject of the appeal is unlimited, the number and time of appeals is unlimited, the trial of the appeal is unlimited, and the reasons for the appeal are unlimited. Some parties have repeatedly stalked the same referee with the same fact and the same reason, which increased the cost of litigation, wasted limited trial resources, and damaged the judgment and authority of the correct judgment of the court. To this end, in order to reduce litigation costs, save trial resources, and adhere to the principle of safeguarding the judgment and authority of the court's correct effective referee, and correcting the principle of false referee in time, our hospital cancelled the first in the provincial court system at the end of 2002. The president’s reception day system, the public hearing system for appeals and applications for retrial cases, and the rules for public hearings were formulated. The establishment of a public hearing system will apply for retrial and appeal review, carry out sunshine operations, reduce and avoid black-box operations, change unlimited appeals into limited appeals, and limit re-trials into limited retrials, which protects citizens’ litigation rights and maintains them. The court's correct judgment and judicial authority of the referee correctly.

6. Increase implementation and effectively solve the problem of “difficulties in implementation”

The 16th National Congress of the Communist Party of China clearly stated that "the practical solution to the problem of implementation is difficult" fully reflects the great importance and support of the Party Central Committee for the implementation of the people's court. Doing a good job of implementation is related to the overall situation of social stability and economic construction, which has a bearing on the fundamental interests of the people and the image and reputation of the people's courts. To solve the difficulty of implementation, we must first solve the execution disorder. Execution of chaos is a major difficulty in the management of court trials and must be thoroughly resolved. In August 2001, our hospital spent nearly half a year adjusting the executives and thoroughly rectifying the problems of falsification, false reporting and underreporting of unexecuted and executed cases, and confusion in file management. Corrected the phenomenon of executive chaos and laid the foundation for the trial management reform and governance implementation of the court. At the same time, we actively explored and established an effective implementation management system, completely changed the large amount of input personnel used in the past years, and implemented the obsolete execution mode with poor performance, which gradually made the implementation work into a benign operation and has been formed in our hospital. On the basis of the "research report" on implementation work, we further explored and analyzed the "difficulties in implementation", found out ways and ideas to effectively solve the "difficulties in implementation", and formed a special research material "handling three relationships, practical Solve the "difficulties in execution".

In February 2004, after the establishment of the new party group with the dean of Yang Zonglong as the core, the implementation of the work was the top priority of the court work. Firmly establishing the implementation of the work is the real embodiment of the implementation of the judicial measures for the people. Actively explored and studied the implementation methods and techniques suitable for the region in the new era, and proposed new measures to solve the problem of “difficulties in implementation”: 1. The judicial police team sent two marshals to the Executive Board each week to assist the Executive Board in carrying out the implementation. Work, solve the problem of insufficient staff; Second, increase enforcement, according to the needs of each case, it is necessary to enforce, and resolutely take enforcement measures; Third, in the implementation of the vehicle, equipped with the best vehicles in the hospital, to implement The bureau may use all vehicles in the whole hospital when necessary; Fourth, strengthen the education and management of the executive team itself, and further improve the awareness of fairness, service awareness and efficiency of the police. The police must overcome their fears, love their work, and devote their full enthusiasm to future work, give full play to their subjective initiative, free themselves from the inherent execution thinking mode, actively explore and study implementation methods, exhaust the judicial program, and strive To achieve the service tenet of the judiciary for the people.

7. Strict trial supervision, establish and improve the case quality evaluation system.

The trial quality of the case is the lifeline of the trial work of the people's court and the ultimate embodiment of judicial justice. In order to ensure the quality of the case, the Tonghai Court first comprehensively strengthened the management of the trial work according to the “four rates and one limit” regulations formulated by the provincial high court, strictly controlled the quality of the case, ensured judicial justice, and formulated and implemented the “post target responsibility system”. Award and punishment assessment method. The five indicators of “the trial rate of the case, the correct rate of the referee, the open court rate, the judgment rate of the court and the trial period” were specifically refined into each business court to regulate the trial behavior and establish a strict quality review of the case. The supervision system is checked once a month. In the evaluation, we insisted on both fairness and substantive justice, strictly controlling the procedures of the case, the facts, the evidence, and the applicable law. Second, strictly implement the "Four Systems", "People's Court Trial Disciplinary Measures", "People's Court Disciplinary Measures for Disciplinary Actions", "Several Provisions on Strict Implementation of Avoidance System for Judicial Officers"), improve internal supervision mechanisms, and increase Judicial supervision, strictly control the quality of cases, establish awareness of iron case awareness and quality case; increase punishment for repatriation cases, strictly enforce accountability system for wrong cases, resolutely investigate and deal with various violations of law and discipline, and severely discipline discipline; The separation of two honest and honest administrations between judges and lawyers, judges and parties, to prevent judicial corruption and ensure judicial justice. The third is to prevent the internal management personnel of the court from intervening in the case. The court leaders must not question cases that are not within their own jurisdiction.

8. Actively explore the trial management mode of small courts

As a small court, Tonghai Court does not apply the trial management mode of the courts and people with sufficient property in the advanced developed areas. Instead, it actively explores the trial management mode suitable for its own characteristics and development, and the people and the people who have already implemented it in our hospital. Based on the practice of the merger of the two courts and the combination of the legal police team and the case court, we will focus on optimizing human resources, fully tap the inherent potential of existing human resources, and play a fair and efficient role, achieving internal optimization and integration of human resources, and striving to find A small court management model that not only perfects the organization, but also saves, concentrates and optimizes human resources. In the past year, according to the actual needs of the trial, the whole hospital has adjusted 38 rotations, and on the basis of a large number of practical and in-depth investigations, it has continuously summed up the experience and methods, and formed a special research article “Tonghai Court on exploring the trial management mode of small courts”. Thoughts.

9. Practically strengthen and guide the people's mediation work in the new era

In the past five years, our school has conscientiously implemented the spirit of the Party Central Committee, the State Council, and the Supreme Court to further strengthen the people's mediation work in the new era, on how to strengthen the guidance of the people's mediation work in the new era, and actively carry out trials involving people's mediation agreements. Specialized research. First, increase propaganda and guidance, strive to organically combine trial work with people's mediation work, deepen the reform of civil trial methods, strengthen litigation mediation, and strive to improve the rate of litigation mediation; second, strengthen the business guidance to the people's mediation organization, and continuously improve business. The third level is to strengthen the training of grassroots mediation organizations and continuously improve the quality of the people's mediators. Strengthen the business learning, training and exchanges of the people's mediators through seminars, trainings, and observations; fourthly, strengthen the work connection and information feedback system with the judicial administrative organs and grassroots mediation organizations. Help the parties and the people's mediation organization to establish contact in a timely manner; the court determines the responsibility of nine judges as mediators, adopts the "one-on-one" pair, strengthens the visit to the mediation committee, summarizes the experience of the people's mediation work in a timely manner, and mediates the work of the people. The problems reflected in the issue will be promptly paid attention to and resolved, and efforts will be made to improve the quality and standards of the people's mediation work. Due to outstanding work performance, the Tonghai County People's Court was commended by the Supreme Court in 2002 as “Guiding the People's Mediation and National Advanced Court”.

(2) Team building is the key

In the past five years, more than 40 police officers of the Tonghai court have taken the "fairness and efficiency" as the goal under the strong leadership of the party group, strictly in accordance with the "Judges Law", "Basic Standards for Judges' Professional Ethics" and "The Central Committee of the Communist Party of China" The decision of the "Decision" adheres to the guiding ideology of "one-handed trial, one-handed team building", and takes the road of "people-oriented, internal strength, and external tree image". Comprehensively strengthen the team's theoretical study, discipline education, business training and system reform, further strengthen professional awareness, cultivate professional ethics, improve vocational skills, improve professional supervision, and explore a successful management experience and characteristics in team building: establishment Taking the reform of the quota system of the chief trial law as the core content, the implementation of the separate series of management of judge assistants, clerk and marshals to comprehensively promote the reform ideas of the professionalization of the judges of Tonghai Court, cultivated and created a politically determined, professionally proficient and professional style. The ranks of professional judges who are rigorous, morally noble, honest and civilized, and regard justice as their life have continuously promoted the professionalization of judges. It has created an excellent record of judicial integrity that has not violated laws and disciplines in the past 15 years, and has established a good social image of the people's courts and people's judges. In order to maintain the stability of the county's society and promote the county's economic development, it has made positive contributions and won universal praise from the county party committee, the government and the people.

1. Main achievements of team building:

In 1999, it was commended by the provincial and municipal courts as “a good court for people's satisfaction”; from 1999 to 2000, the party group of the hospital was awarded the city's special award; in 1997-2001, it was rated as the county's social security comprehensive for five consecutive years. The first place in governance; from 1998 to 2001, it was rated as the advanced collective of party style and clean government construction in the county for four consecutive years; in 2000, it was commended by the Provincial Political and Legal Committee as “the advanced unit of the grassroots political and legal team construction in the province in 2000; The provincial court commended the "advanced unit of party style and clean government construction in the province's court system"; in 2000 and 2003, the police of the whole hospital were twice praised by the city center as "collective third-class merit"; in 2002, it was commended by the Supreme Court as "guidance". The People's Mediation National Advanced Court."

2. Strengthen theoretical study and strengthen professional awareness

In the past five years, Tonghai Court has insisted on raising the ideological and political factors of the judges' team to the top of the work and earnestly studying and implementing the spirit of the 15th and 16th National Congress. In the police of the whole hospital, a concentrated education and rectification, "a good court to strive for the satisfaction of the people, a good judge to be satisfied with the people", "three educations in one education", the establishment of a "three nos" court, and "a year of changing the style of trial" were carried out. "Executive team concentration education and rectification" and "three stresses", "three represents" learning, "unity officers", "establishing the party for the public, governing for the people", "reviewing the past, opening up the future" and other special learning and education activities, leading the police Establish a correct world outlook, outlook on life, values, and serve the people wholeheartedly. Through study and education, the political consciousness, the sense of justice, the sense of the overall situation, and the sense of purpose of serving the people wholeheartedly are further enhanced; the modern judicial concepts such as the consciousness of trial independence, the consciousness of central judgment, the consciousness of equality, the consciousness of judicial civilization and the sense of integrity are in the police. Gradually establish.

3. Strengthen discipline education and cultivate professional ethics

In recent years, Tonghai Court has attached great importance to strengthening discipline education for police officers in the whole hospital, strictly implementing the rules and regulations of higher courts and the court, and “relying on systems and managing people by system” has become a major management feature. Strictly implement the "separation of separation" and "two lines of income and expenditure" system, prevent and control corruption at the source, fully implement the responsibility system for party style and clean government construction, and 30 measures for the administration of the judiciary formulated by the provincial and municipal courts; Implemented the "Basic Standards for Judges' Professional Ethics", formulated specific assessment methods, signed responsibility letters at various levels, and seized the implementation of various liability systems; in strict accordance with the requirements of the Provincial Political and Legal Committee and the provincial courts, timely carried out annual law enforcement inspection activities. The four systems of "Illegal Judicial Responsibility Investigation Methods, Trial Disciplinary Measures, Disciplinary Measures for Execution Work and Avoidance System" were implemented; "Justice is the life of judges, the basis of the image of the court" and "fairness, efficiency and integrity" The professional consciousness of "civilization" makes "justice in my heart" become the motto of every judge. The thinking style, trial style and discipline style of all police officers have changed significantly, and the professional ethics of judges has improved remarkably.

4. Implementing the quota system of the chief trial law and steadily advancing the professionalization process of judges

Under the new social environment, strengthening the professionalization of the judge team is an important way to improve the overall quality of the judges. It is a main line for the current and future court team building and a necessary condition for the complete realization of "fairness and efficiency". In strengthening the professional construction of judges, according to the current situation and tasks of the construction of the judge team, after more than a year of discussion and research, the party group of our school put forward the "Working Thoughts of Strengthening the Construction of Judges in the People's Court of Tonghai County", and combined with the actual situation. Five specific rules and regulations have been formulated. In combination with the current number of judges and the status of the judges in the hospital, in order to ensure fair, efficient and comprehensive completion of the various trial tasks, 8 out of the 24 judges with qualifications in the whole court were selected as the presiding judges. Responsible for the trial of the court's litigation, other unselected judges and a part of the current clerk are listed as assistants to the judge. After the number of legal officials has been determined, the number of officials is actively sought by the county party committee and the government, and the judges’ “relatively high salary system” is implemented to realize the policy of preferential treatment from the Supreme Court’s “strong treatment and long-term status”. Self-confidence and pride enhance the appeal of the judge's profession. Under the care and support of the provincial and municipal courts and the Tonghai County Party Committee and the government, through the unremitting efforts of the Party Group of our hospital over the past year, the pre-trial reform project of the Tonghai County People's Court was officially launched on January 1, 2004.

After the presiding judge is appointed, he is responsible for hearing all kinds of litigation cases in the whole court, that is, he is only responsible for trial and judgment, and other auxiliary work is done by the assistant of the judge and other personnel. The presiding judge is the best judge in the court. They are the most responsible, the most disciplined, and the most demanding. Therefore, they must implement a relatively high salary policy of “diffuse their treatment and prosperous status” in order to effectively implement them. This system is guaranteed to be implemented. The specific plan is to implement the annual salary of 30,000 yuan for the appointed presiding judge. Except for the various wages officially issued by the state, the insufficient part is supplemented by the county finance through the budget. At the same time, the "Measures for Awards and Punishment of Cases" that have been implemented in our hospital will be revised, and the quality of the trial judges and other assessment indicators will be carefully assessed monthly, and rewards and punishments will be strictly implemented. Linking the relatively high salary to the quality of the case, linking it with the work attitude and responsibility of the presiding judge, linking with the continuous improvement of the judge's business ability, and achieving the organic unity of responsibility, power and profit.

The presiding judge of our hospital has implemented a three-year examination and a three-in-one test to establish an incentive and competition mechanism that can be used up and down. Survival of the fittest, completely break the ranks of seniority in the team building, once and for all, not enterprising, can not go up the conventional habits, so that the police in the whole hospital can embark on a sense of crisis and self-motivation, everyone can achieve through fair competition. The road of self-value makes the whole team always full of vitality and vitality, and revitalizes the existing trial resources inside.

Our ultimate goal is to take the professionalization of judges as the direction, implement the trial system of the presiding judge, implement a relatively high salary system for the presiding judges, and further concentrate the jurisdiction on the trial judges, fully exploiting and exerting high-quality trial resources, and mobilizing through incentive mechanisms. The enthusiasm of high-quality talents. Based on this, the system of judge assistant system and trial unit will be implemented to construct a scientific, reasonable and future-oriented trial organization system, and realize the theme of “fairness and efficiency”.

Now, this work has been identified by the Yunnan Provincial High Court as the pilot of the province's chief judicial officer system reform. This reform is the first in the grassroots courts in Yunnan Province and is leading the reform of the professionalization of the national grassroots court judges. level.

(4) Material infrastructure is a guarantee

1. Strengthen the material infrastructure of the court itself and continuously improve the conditions for handling cases

Strengthening the material infrastructure of the court itself and continuously improving the conditions for handling cases is the basic guarantee for the people's courts to fully realize the goal of "fairness and efficiency." In the past five years, with the strong support of party committees, governments and higher courts at all levels, the material infrastructure of Tonghai Court has made considerable progress. The number of trial business vehicles increased from 4 vehicles to 13 vehicles five years ago; more than 7 acres of newly acquired land, and 24 new police dormitory rooms have been added. Up to now, Tonghai Court has a total of 46 fully functional police houses, which have basically solved More than 90% of the police officers’ housing problems. In 2000, the company invested nearly 11 million yuan to build a trial building with an area of ​​6,395 square meters, including office, trial, parking, canteen, etc., with complete functions and complete equipment. The trial building became the judges of the Tonghai court. The use of the law to punish evil and promote good, resolve disputes, protect the people, guarantee reform, maintain stability, and sacred temples and public legal education places have greatly improved office conditions and law enforcement environment.

2. Accelerate the construction of computer networks and promote the pace of office modernization

In recent years, in order to adapt to the new situation, the need for trial work, comprehensively strengthen the construction of the court's material infrastructure equipment, and continuously advance the office modernization process of trial work. The Tonghai Court Party Group firmly established the awareness of “scientific and technical police” and established the reform and development ideas of “to benefit from modernization and information to the Internet”, and accelerated the pace of soft and hard construction of computer information networks. Judicature and improving the efficiency of trial work have established a good platform.

Thanks to the great care and support of the higher courts and the Tonghai County Party Committee and the government, after nearly one year of unremitting efforts, so far, more than 500,000 yuan has been invested, and the first and second phases of the information network construction have been completed. The regional network of our institute was officially completed on April 28, 2003. The Internet site of Tonghai County People's Court was officially opened in mid-December 2003, becoming the first Internet portal in Yunnan Province. The grassroots court of the road website. In order to build value and make the best use of it, our hospital has transferred a network management professional with the care and support of the organization department, which is responsible for the management of the computer network and the period of the police. One and a half months of computer skills training activities. Through the teaching and training of basic skills, each police officer in the hospital has a comprehensive understanding of the main functions of the computer network, with text entry, document editing capabilities and the ability to use the Internet for office work. Up to now, the entire regional network of our hospital has gradually played the following roles:

First, it realized the modernization of the office and achieved paperless office. Gradually cultivate skilled technical management talents and intellectual consumer groups, greatly improve the practical use and management level of our computer, and realize that the police can widely use computers for word processing, information inquiry and resource sharing. Second, realize case management. Intelligent management of personnel file management, vehicle management, and financial management. The leaders of the hospital can fully utilize the modern network management methods to realize the online management, tracking and trial information, the effective allocation of human and financial resources, and improve the management level of the hospital leadership. The third is to network with the government e-government project. The establishment of our own independent website, the court's all open case materials, files, rules and regulations to the public, the court's trial activities under social supervision; Fourth, through the Internet to provide legal assistance to the community, such as the law Regulatory enquiries, litigation guides and other services; Fifth, through the network police to provide a window to obtain knowledge information, and strive to achieve the use of the network for distance education training, to promote the continuous improvement of the police; six is ​​to open up on our website The "Work Dynamics", "Judge's Corner", "Legal Guide" and other columns, through the network to timely release the reform results, team building experience, trial process and other information, so that the network of our school becomes a case Comprehensive information on process management, business information, news information, legal services, etc. System, speed up the information contained issued timeliness and novelty.

The establishment of the modern computer information network and the opening of the Internet station in our hospital have brought new opportunities for the modernization of the trial work, and laid a reliable material guarantee for the realization of the theme of "fairness and efficiency". Now the entire computer information network has fully played its functional role, and has become a direct driving force to push all the work of our hospital to a new level.

3. The main problems existing in the current grassroots courts in strengthening the grassroots construction

In the past five years, the Tonghai Court has made some achievements in basic work such as trial work, team building and court reform. However, in the face of new situations and tasks, the court itself still has some problems and deficiencies, mainly in:

First, the current judges' team is not compatible with the trial tasks and situations after the entry into the WTO. The ideological concepts are backward, the knowledge structure is single, and the ability to control trial activities is not strong. The overall merits of judges need to be improved. Some police officers are in political thought. It is difficult to adapt to the requirements of situational development in terms of quality, legal application standards, knowledge structure, and trial style. The speed of knowledge update is slow, and the ability to control trial activities is poor. In addition, there are some behaviors that damage the judicial image of individual judges. Therefore, strengthening the education of the judges and comprehensively improving the overall quality of the judges is still a key task, and the task is very arduous.

Second, the increasing number of trial tasks is not compatible with the existing trial power. With the development of society, the number of cases filed in our hospital has been increasing, and the original judges of our hospital have experienced attrition due to their age. Phenomenon, the new judges can not be supplemented in time, the gap in the shortage of judges is constantly expanding, resulting in the existing trial power can not fully adapt to the needs of the trial work, the burden of handling cases is increasing. Under the pressure of overload and high-intensity trials, not only the quality of judicial judgments has been severely tested, but also the backlog of some cases has arisen.

Third, the existing material and equipment conditions are not compatible with the requirements of the modern trial mode reform. In terms of the office modernization of the court, there is still a big gap compared with the advanced developed regions, and further improvement and investment are needed.

Fourth, although the trial building of the Tonghai County People's Court was completed and put into use, the arrears of the building amounted to 4 million yuan, which became a major problem that plagued the police in the whole hospital and restricted the pace of the Tonghai court.

Fifth, due to the influence of local financial resources, the policy of preferential treatment of the police is difficult and difficult to fulfill, affecting the stability of the police team to varying degrees.

Sixth, because the reform of the quota system of the chief judicial officer of our college is still in the stage of exploration and testing, and it needs to be further strengthened and improved in the future in terms of system improvement, supervision and management, education and training, and funding guarantee.

Seventh, the social foundation of judicial justice is weak, and the social rule of law environment is poor. The legal consciousness, legal literacy and the rule of law environment of the whole people of the people have a great influence on the realization of the justice of the people's courts. Some parties have weak legal knowledge, lack of legal knowledge, are not good at using evidence to protect their rights, and do not understand the "rules of the game" of legal activities. Once they lose the lawsuit, they will anger the court and complain everywhere. Some of the "difficulties in implementation" are largely due to the fact that the executor has no property to be enforced, and the executor’s transfer of property and the executor did not take the necessary legal measures to protect themselves in a timely and appropriate manner. A fairly large relationship, but many parties and the public have unilaterally implemented the failure to blame the court for poor implementation. Those who have parties despise the law, refuse to fulfill the obligations set out in the legal instruments in force, and even develop violent resistance to the law, which greatly damages the dignity of the law. Due to the unsatisfactory environment of the rule of law in society, the authority of the judiciary cannot be highly recognized in the minds of the people, leading to the contempt, doubt and even rejection of the people by the people, and affecting the correct implementation of the law.

4. In the future, Tonghai Court will further strengthen the key points and main tasks of grassroots construction.

In the face of the 21st century, in the face of the implementation of the strategy of developing the western region, the Tonghai County People's Court will continue to explore ways and ways to comprehensively strengthen the construction of grassroots courts in the future trial practice in order to adapt to new social development needs. To make greater contributions to social stability and economic development. In the further strengthening of grassroots construction, the key tasks and main tasks of our hospital in the future are as follows:

(1) Using the construction of a learning court as a carrier to promote the modernization of the judge's concept. First, carry out a variety of business activities, create a strong academic research atmosphere among the judges, and enhance the belief and pursuit of the law while improving the business. Relying on the internal network of the court, enriching and improving the judges' library, setting up a forum for judges, conducting seminars on typical cases, and inviting legal experts to conduct series of special lectures and holding academic exchange meetings, imposing a subtle influence on the judges' thinking and cultivating judges' modern justice. idea. Second, by carrying forward the advanced models and other forms, we will vigorously carry forward the team spirit and good hospitality of "solidarity, cleanliness and diligence". Third, in terms of evaluation criteria, the investigation of the judicial consciousness of the presiding judge and other judicial personnel is organically combined with the application of modern judicial concepts in practice.
(II) Taking the promotion of judicial reform as the driving force and making efforts to promote the modernization of trial work First, further deepen the reform of the trial organization. Adapt to the law of trial work, continue to concentrate the trial power on the outstanding presiding judges, and further improve the reform of the presiding officials. Scientifically define the licensing rights of the trial organization, further standardize the working procedures of the collegiate bench, and further clarify the duties of the president of the court. The second is to study the application of the two "rules of evidence" of the Supreme Court, increase publicity, and promote the recognition of all sectors of society. Further expand the scope of application of the simplified program and standardize it, and implement common procedures to simplify the trial. Standardize the format and basic elements of the judgment documents, and realize the standardization and simplification of the production of judgment documents. The third is to establish and improve the executive institutions that are more in line with the essential attributes of the executive power and more responsive to the unified management needs of the executive work. Separation of the right to review, the power of adjudication and the enforcement of enforcement rights for implementation. The fourth is to increase business guidance in accordance with the law. Focusing on the quality evaluation system of the case, establish a scientific trial quality supervision mechanism; standardize the case response system, and strictly limit the scope of application of the case request.
(3) Focusing on the professionalization of judges and making efforts to promote the modernization of the court team. First, adhere to the guidelines for political construction and strengthen ideological and political work. Formulate learning plans, implement learning systems, hold a series of party classes, and practice the important thinking of the "Three Represents" in trial activities. The second is to actively do a good job in the trial of the professional reform of the judges, and constantly improve the system of presiding officials and the assistant system of judges, and comprehensively sum up experience. The fourth is to study and formulate the classification management system for all types of personnel, formulate the ranks of ranks and ranks that conform to the professional characteristics of the judges, and establish a performance evaluation standard for judges that can form an effective incentive mechanism. Further rationalize the duties, relationships, and operational mechanisms of the trial judges, judge assistants, and clerk. The fifth is to co-ordinate the establishment and improvement of systematic and scientific trial judges to develop a system to create a mechanism for talents to stand out. In addition to the university education, in the five years, the project will train 10 outstanding judges with higher comprehensive quality. The sixth is to strengthen business training and improve judicial skills. Advocate and encourage dry police to strengthen study, and firmly establish the concept of lifelong training, the concept of full training and new training concepts. Strengthen research and academic research, and use research capabilities and academic papers as a means of cultivating outstanding judges. Seventh, efforts are made to promote the morality and image building of judges. The judges' political narration, trial work, professional ethics, personal morality and other requirements are refined and decomposed, regular assessments are strengthened, and judges' assessment files are established to form a judge performance evaluation standard system that conforms to the law of trial and the professional characteristics of judges. Eighth is to establish and improve the disciplinary system of judges and cultivate the self-discipline of judges. Issue supervision cards to the parties, organize personnel to conduct unannounced visits, and violate the rules. Strictly constrain the behavior of judges and resolutely put an end to all acts of smuggling. We will continue to implement the openness of the trial, and open the litigation procedure, the time limit for public handling, the public fee collection standards, and the open judgment documents to the public through the establishment of outdoor bulletin boards, electronic display screens, and implementation of supervision cards, so that the public can understand the work of the court more clearly.