Investigation report on further strengthening and improving the party's leadership over the work of the court

About further strengthening and improving the party to the court

Work leader's research report

After further strengthening and improving the party's comprehensive and in-depth investigation of the work of the court, I deeply understand the importance of the party's leadership in the work of the court, briefly understand the status quo and main problems of the party's work leadership, and initially propose to strengthen and Improve the party’s recommendations on the work of the court. The specific research situation is reported as follows:

I. The significance of the party's leadership over the work of the court

In the investigation, I deeply realized that it is of great significance to persist in the work of the court under the absolute leadership of the party and to continuously strengthen and improve the leadership of the party, regardless of past, present or future.

Adhering to strengthening and improving the party's leadership over the work of the court is an excellent tradition and basic principle formed by the court in the long-term construction and reform practice. The Eighth National Congress of the Party proposed to strengthen the building of the legal system, so that "there is a law to follow" and "there is a law to follow." Since the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, under the guidance of Deng Xiaoping's democratic and legal system, the court has actively cooperated with the central work and tasks of the party and the state and safeguarded the political situation of stability and unity. The 15th National Congress of the Communist Party of China established the basic strategy of governing the country according to law and building a socialist country ruled by law, and clearly put forward the task of judicial reform. The fundamental reason for the court's continuous achievements in all stages of the Chinese revolution and construction lies in always insisting on strengthening and improving the party's leadership over the work of the court.

Adhering to strengthening and improving the party's leadership over the work of the court is a necessary condition for the court to consolidate its position and give full play to the role of the trial function. After the Third Plenary Session of the Eleventh Central Committee of the Party, the focus of the country’s work gradually shifted to economic construction. With the development of the market economy and the strengthening of democracy and legal system, the status and role of the court in the country's political, economic and social life has become increasingly prominent. The 16th National Congress of the Communist Party of China put forward the goal of building a well-off society in an all-round way and accelerating modernization. In order to fulfill this goal of the party in the new stage of the new century, the court must regard the service of reform, opening up, and economic construction as the fundamental starting point and ultimate goal, always placing the trial work in the overall situation of the work of the party and the state, and giving full play to the judicial organs. Functional role, actively do a good job in criminal, civil, administrative and other trials, strive to maintain judicial justice, improve judicial efficiency, provide strong judicial guarantee and good legal services for maintaining social and political stability, promoting economic development and overall social progress. .

The key to persisting in strengthening and improving the party's leadership over the work of the court is to earnestly practice and implement the important thinking of the "three represents." The important thinking of the 'Three Represents' is the foundation of our party's party building, the foundation of governance, and the source of strength. It is also that we comprehensively promote party building in the new century, continuously promote theoretical innovation, institutional innovation, and constantly seize socialism with Chinese characteristics. A guide to action for a new victory in the cause. The court is the judicial organ under the leadership of the party. It is a glorious and arduous mission to conscientiously fulfill the duties entrusted by the Constitution and the law and actively promote the process of governing the country according to law. In the trial work, the court only insists on embodying and implementing the requirements of the important thinking of the "three represents," and is truly the leader of the party's work on the court.

Second, the status quo of the party's work on the court

basic situation

In recent years, under the leadership of the Municipal Party Committee, our Municipal Law Committee has adhered to the basic line of the party's "one center, two basic points", adhered to the four basic principles, and adhered to the principle of "both hands and hard work" and firmly established The idea of ​​"stability overwhelming" closely focuses on the center of economic construction, and combines its main responsibilities and tasks to strengthen and improve the leadership of the court work and make due contributions to the economic development and social stability of the city. The main manifestations are as follows: First, the leading courts carefully study the party's line, principles and policies, and unify the thinking and actions of various political and legal departments, including the courts, in accordance with the party's line, principles, policies, and policies, and guide the work of the court; We will promote the political and legal departments, including the courts, to safeguard social stability, supervise the implementation of a stable leadership responsibility system, and guide and coordinate the handling of major city-wide public security issues. Third, check the court's enforcement of laws and regulations and the party's line, principles and policies. In combination with the actual situation, we will study the specific measures for serious law enforcement and implementation of the party's line, principles and policies, make recommendations to the municipal party committee in a timely manner, and strive to improve the law enforcement environment and conditions. Fourth, vigorously support and strictly supervise the court's independent exercise of judicial power according to law. Guidance and coordination include the court. The various departments of politics and law within the law are closely cooperating with each other in accordance with the law, supervising and promoting the investigation and handling of major cases, and researching and coordinating major and difficult cases that are controversial.

Experience gained

First, the work of the court must firmly adhere to the leadership of the party. History and the Constitution tell us that the trial cause is an important part of the party's cause, and the court's trial work cannot be separated from the party's leadership. Only by relying closely on the leadership of the party can the court work adhere to the correct political direction and advance with the times, and constantly create a new situation in the cause of socialist trial with Chinese characteristics.

Second, to uphold the strategy of governing the country according to law, we must standardize the party's leadership over the work of the court. The strategy of governing the country according to law is the best way to strengthen and improve the leadership of the party under new historical conditions, and is the best way to realize and guarantee the leadership of the party. The leadership of the party must be carried out within the scope of the Constitution and the law, and the leadership of the work of the court is no exception. Only by standardizing the party’s leadership over the work of the court and putting it into the track of legalization can we achieve the parallelism and coordinated development of upholding the party’s leadership and guaranteeing the independent judiciary of the court.

Third, we must properly handle the relationship between the party’s leadership and the independent trial. Independent trial and adherence to the party's leadership in accordance with the law are unified and consistent, not antagonistic and contradictory. The party’s leadership over the work of the court is mainly the leadership of the line, the principles, and the policy, rather than interfering with the court’s independent trial according to law, replacing or directing the court to handle specific cases. The independent exercise of judicial power by the court in accordance with the law is not to leave the party’s leadership, but must be adhered to under the leadership of the party.

Third, the main problems of the party's leadership over the work of the court

First, there are two extreme tendencies in the field of understanding. One is to overemphasize the party's authority and the court's obedience to the party organization and its authority. Another tendency is to overemphasize the independence of the court's judiciary. Second, the local party committee gave instructions on certain cases. Such instructions on the handling of cases, whether or not they are specific, will place considerable restraint on the courts. Third, there are sometimes problems with the coordination of judicial work by the Political and Legal Committee. The process of coordination is not only a process of resolution of existing contradictions, but also a process of generating new contradictions between the leadership of the party and the independence of the judiciary.

Fourth, the party's recommendations on the work of the court

The relationship between the leadership of the party and the work of the court is, in general, not a contradiction between each other and a mutually exclusive contradiction. The two can be compatible with each other in the process of realizing the judicial power of the state. To this end, I recommend the following:

It is necessary to solve the concept of the rule of law. First, local party committees and courts should realize that the court is not the functional organ of the local party committee, but acts on behalf of the state to exercise judicial power independently. There is a restrictive relationship between the two. Second, local party committees should recognize that judicial justice is a soft resource that is as important as infrastructure and natural resource hardware. It is a necessary condition for shaping the image of the local rule of law, improving the investment environment, and accelerating economic development.

The leadership of the party and the independence of the court's judiciary should be equal and equal at the same time. As a basic principle, we must uphold the party’s leadership over the work of the court, and we must uphold the independence of the court’s judiciary and make the independence of the judiciary justified. The Constitution clearly stipulates the Communist Party’s leading position to the people of the whole country. Therefore, accepting the party’s leadership in the work of the court is a constitutional principle, and it is legal and unshakable. However, the Constitution also clearly stipulates that the people's courts independently exercise judicial power in accordance with the law and are not subject to interference by administrative organs, social groups and individuals. Therefore, the independent exercise of judicial power is also a constitutional principle.

We must correctly understand the nature of the party's leadership. It is clear that the party’s leadership over the work of the court is only political, ideological and organizational leadership, and it is by no means the leader of the specific trial business.

It is necessary to maintain the judicial independence of the court through the leadership of the party. To protect the judicial independence of the court, it is necessary to rely on the protection of the legal system and the leadership of the party. On the one hand, we need to continue to improve the party's leadership style over the work of the court; on the other hand, we need to deepen the reform of the courts and ensure that the courts independently exercise judicial power in accordance with the law. In general, we should work together from both the party and the court to form a reasonable relationship between the leadership of the party and the work of the court, in order to further strengthen and improve the party’s leadership over the work of the court.