Self-examination report of the work of the People's Court of Baotou City Intermediate People's Court
Self-examination report of the work of the People's Court of Baotou City Intermediate People's Court
——On November 23, 2005, at the 19th meeting of the Standing Committee of the 12th Municipal People's Congress
Wang Wenlin, President of the First People's Court of Baotou City
Director, deputy director, secretary general, members:
Min Yi Ting is the main business court of the Intermediate People's Court. It is responsible for hearing the first and second instance of marriage, family, real estate cases and real estate adjacent relations cases, the first and second instance of rural contractual contract cases, between natural persons, natural persons and legal persons. Contract cases between other organizations. This time, I was able to accept the work review of the Standing Committee of the National People's Congress. All the comrades of the People's Court were very happy. Commenting on our work, this is both supervision and trust. From September 14 to September 25, we sent back all retrial cases, all reconsideration cases, and 50 randomly selected cases and 50 mediation cases that were concluded between the courts from 2002 to September this year. The case was carried out with a serious self-examination. The self-examination work was closely carried out around the deliberation plan of the Standing Committee of the National People's Congress, which was strongly supported and strongly supported by the NPC Review Group. The relevant situation is reported as follows:
The basic situation of work since the beginning of 2002 and 2002 firmly established the guiding ideology of "just justice, one heart for the people", and give full play to the role of judicial function "just justice, one heart for the people", which is under the guidance of the people's court under the important thinking of "three represents" A new theoretical proposition is presented. Practicing "just justice, one heart for the people", the focus is on "justice" and the core is on "for the people." To this end, we have formulated a series of rules and regulations such as "Special Measures for Judicature for the People" and "Specific Measures for Ensuring the Full Exercise of Civil Litigation Rights by Parties" and made solemn commitments to the people. Following the requirements of "just justice, one heart for the people", our court has effectively carried out its own trial work and faithfully fulfilled its legal duties. From 2002 to September this year, a total of 2,614 cases were accepted and 2,516 cases were closed. The rate reached 96.3%. From the overall average situation, the accuracy rate of first-instance cases reached 94%, the accuracy rate of second-instance cases reached 98.7%; the trial rate of open trials in first-instance cases reached 100%; the open court hearing rate in second-instance cases reached 92%, and the judgment rate in court reached 25 %; the first-instance case does not exceed the trial rate of 99%, and the second-instance case does not exceed the trial rate of 99.5%. In 2002, in the “Double Satisfaction” campaign launched by our institute, Min Yi Ting was awarded the title of “Satisfaction Chamber”; in 2003, it was rated as “Advanced Collective”; the trial work was repeatedly received by the Autonomous Region High Court. Affirmation and praise. According to incomplete statistics, from January to September this year, the court received a plaque from the people, 23 banners, a written thank-you letter or 78 verbal praises.
Respect for private rights, focus on the mediation work under the new situation The core of the civil trial is to respect private rights, the purpose is to stop the dispute. Exploring the fundamental purpose of civil litigation, accepting the fine traditions of people's trials, following the basic requirements of "just justice, one heart for the people" under the new situation, and doing a good job in mediation of cases in accordance with the law is to implement the rule of law in the new era and correctly handle contradictions among the people. An important way and effective way to achieve the organic unity of legal and social effects. In the case of 2004 alone, 115 cases were settled and withdrawn by the court. The rate of mediation and withdrawal of cases was close to 20%. A number of cases with influential and contradictory intensifications were dealt with promptly and effectively, and the hatred was friendly. Resentment is invisible. In 2004, Min Yiting was instructed by the Baotou Municipal People's Government and the People's Government of the Autonomous Region to honor the "advanced collective".
Expanding ideas, innovating work innovation is the soul of the people's court, and it is the core competitiveness of the people's court based on trial practice to create the past and expand the future. These innovations are concentrated in:
——Institutional Innovation: We set out and perfected the “First-instance Civil Case Trial Procedure”, “Second Trial Civil Case Trial Procedure”, “President Joint Conference System”, and “Implementation of the Supreme People’s Court on Civil Litigation” The construction of a series of standardized systems, such as the "Procedures of Certain Provisions of Evidence" and the "Laws for the Filing of Legal Documents in Civil Cases".
——Innovation of ideas: In the quality of the judgment documents, the general emphasis is on replacing the daily case corrections and standardization. In the trial difficulties and hot spots, the case requests are replaced by centralized research and special solutions. The organization of the elite forces regularly compiled the "Selection of Cases for the Guidance of Commercial Decisions of Baotou Civil and Commercial Enterprises" and drafted the "Opinions of the People's Courts of the Baotou City on Solving Certain Issues in Civil Trials", which was discussed and approved by the Judicial Committee. The court trials initiated and led by our court were fully affirmed by the director of the Municipal People's Congress Standing Committee Zhao Daoerji, and made important instructions: "The trial observation activities are worth promoting, and judicial justice is only in specific trial practice. To be realized, the fairness and fairness of court trial activities is decisive for judicial justice."
——Management innovation: We have further improved the operation platform of electronic management, completely realized the electronic process of case management, and focused on expanding the added value effect of the management platform, making full use of network resources, and timely receiving the latest trial information and materials. , to establish their own database resources, to strengthen the quality of cases, to improve the efficiency of trial services.
There are only 15 staff members in the People’s Court and 12 judges, but they are responsible for nearly one-third of the court’s trials. In the past few years, under the correct leadership of the Party Group, all the comrades of the People’s Court have closely focused on the theme of “justice and efficiency”, with deepening reform as the driving force, improving the quality of the guarantee, and taking the people’s satisfaction as the standard. The spirit of dedication, hard work, diligence and innovation is to protect the legitimate rights and interests of citizens, legal persons and other organizations, and to make positive contributions to safeguarding social stability and ensuring the people's livelihood. However, the objective reasons for the small number of personnel and heavy tasks are more subjectively slack, fearful and limited in individual ability, which leads us to still have many problems in our work.
Second, the existing problems and causes analysis of existing problems
1. The quality of a case quality problem is a big problem. There are programs, there are entities, sometimes involving facts, sometimes involving law, and the quality of the case in a broad sense should also include the quality of the judgment documents. For the time being, the above problems are present in different levels of work in our courts. Although the accuracy rate of the current case in our court is among the best in the autonomous region, there is no small matter in the civil affairs, everything is always concerned, and the judiciary is closely related to people's livelihood. How to further improve the accuracy rate of the second-instance case is still an important issue we face. In addition, the signatures of individual case collation are incomplete, and the case, case number, addressee, and person filling in the case of some cases are not filled out or filled in incompletely. The case is not fully filled out in the form, and the case and judgment are written in the case. The case is inconsistent. Some cases have no evidence of the source of the evidence and whether they are checked against the original. There are some cases where the judgment of the case is not sufficient, and there are also missing words and typos. All of these require further improvement in our future work. We need to firmly grasp the breakthrough of the quality of the case and make every case as "iron case" as possible.
2, the rate of judgment in court is not high to summarize the root cause of this phenomenon, nothing more than subjective, objective and technical processing. First, the general social rule of law environment is not satisfactory. The psychological judgment of individual judges on subjectively trying to engage in black-box operation based on various social reasons still exists. Second, the quality of trial trials needs to be improved, and individual judges have limited qualifications. The application of the law and the immediate oral expression to meet the needs of the trial; third, the private law nature of the civil case determines that some cases are suitable for “cold treatment”, and the necessary time and space on the technical level to alleviate the contradictions in order to receive good social effects. .
3. The ability to write legal documents needs to be improved. After the implementation of the presiding officer's responsibility system, a group of comrades with relatively good political, business and written standards have stepped onto the presiding post. Accordingly, the quality of legal instruments has been significantly improved. However, the quality of the production of some instruments is still unsatisfactory, as follows: First, the facts lack a clear statement of the adoption of evidence analysis; secondly, the reasons for the parties’ claims are not comprehensive and unclear; third, the reasons are not adequately explained. The reasons for the conviction are not strong. Therefore, the task of strengthening learning is still urgent.
4. Further strengthen the issue of business guidance to comprehensively formulate and implement the regular trial business communication system as a breakthrough, strengthen the guidance to the grassroots courts, and achieve a new leap in the civil trial work. This was originally an important work of this year. The so-called "periodic trial business communication system" means that the court is responsible for regularly convening the relevant business courts of the grassroots departments to conduct research, discussion and exchange of views on the difficult, doubtful and complicated points of trial work for a period of time, so as to achieve fairness and efficiency. Unification, gradually reduce the rate of second-instance trials, and send back the retrial rate. However, due to objective financial problems and subjective fears, this work has not been implemented so far.
5. The problem of team building is not to be arrogant. Although we strive to avoid unnecessary and reasonable doubts about the fairness of civil trials, we will vigorously improve the credibility of trial activities. However, from the reflection of very few cases, a certain degree of problems still exist. The tricks of individual police officers who are "cold, horizontal and hard" have not been changed. The activities of a few people are not rigorous, and some even express their feelings for the parties. Investigating the case, some police officers are not strict with their requirements in discipline, and there are late arrivals and early departures. The work style of individual police officers is not solid enough, and the handling of cases is procrastinating and the efficiency is not high.
The reason analysis can not deny that our current rule of law environment is still not perfect. The interference from power, humanity and even money exists to varying degrees. Local and departmental protectionism sometimes affects trial work, pan-legalism and legal dogmatism. And the idea of legal nihilism has more or less demands and performances in our vast country. The civil legal relationship is complicated, not only has diversity, but also the novelty of legal relations due to the innovation of economic behavior under market conditions, which leads to the contradiction between the flexibility of behavior and the stability requirements of the system. The lag has finally affected the development of the trial work. However, it can be said with certainty that although these factors are objective, they cannot be the root cause of the problems in the current civil trial work. In fact, very few judges have a weak sense of responsibility in their work. The supervisors are lax and distressed. They are not capable of using the legal theory to carry out their work creatively. The extremely individual judges cannot effectively resist the influence of the external environment and deliberately act. It is the fundamental crux of our current civil trial work that is not completely satisfactory, and the credibility of civil trial work has weakened.
Third, rectification measures to further strengthen the awareness of the people's congress and establish a strong external supervision environment
The people's congress is the organ of state power and exercises power on behalf of the people. The people's court is produced by it and supervised by it. It is an important task for us to further enhance the awareness of the people who work in our work and accept the supervision of the NPC more actively and consciously. We have initially formulated the "Opinions of the People's Court on Accepting the Supervision of the People's Representatives and Receiving Letters from the People's Republic of China". Anyone who asks the people and the parties to question or comment on the work of the people's court must warmly receive, patiently explain and do well. Record, guarantee that there are echoes of the pieces; all the questions raised by the people on behalf of the people's people must give a reply in writing; establish a system for reporting to the members of the Standing Committee of the National People's Congress every half year, and send letters of the half-year work to the members. Seek further guidance on the work of our court.
Strengthening team building, strengthening clean government education, and ensuring judicial integrity. Our court will further improve the team building and clean government education of “typical roads, alarm bells, and system regulation” to ensure judicial integrity. We must continue to carry out in-depth activities to learn from outstanding judges such as Song Yushui, learn the spirit of their selfless dedication, and establish a life standard of "unbiased law, money can not be greedy, officials can not be discussed" and "the argumentation of the law, victory and defeat are all served" The pursuit of value; we must combine the typical cases of violations of law and discipline in the civil trial team in recent years, carry out warning education, and abuse the trial power exposed in typical cases, do money cases, human cases, relationship cases, and disclose trial secrets, etc. The problem is to find out the problems that exist in it, to prevent the micro-duration, and to sound the alarm; we will reform the current practice of the members of the collegiate bench and formulate and improve the corresponding control mechanism; we must establish a system of honest government talks to discover the signs, and the leaders of the court must Do a good job of sex and solve the problem in the bud.
Establish and improve the trial management system, improve the quality of the case, and achieve judicial justice
1. Implement the open trial system and strictly regulate the trial activities.
We will promote public justice and strive to make all cases open for trial. Before the trial, the members of the collegial panel must review the relevant case materials, do a good job in preparation before the trial, and do so in order to improve the efficiency of the trial of the case; in the trial, it is necessary to ensure that the parties fully exercise the right to sue and allow the parties to fully express the quality. Debate, the suspected personnel shall not arbitrarily interrupt the normal complaints and debates of the parties, politely listen and pay attention to them sincerely; after the court, they shall promptly pronounce judgments, change the habit of "relaxing the tone" and make judgments without urgency. To complete the production of the judgment documents within five days after the case is convicted, to prevent the occurrence of work hauling.
In the trial activities, the judges must strictly implement the Supreme Court's regulations on uniform dressing, and wear robes and uniforms neatly and properly. It is strictly forbidden to wear clothes. Obey the court time, observe the judicial etiquette in the trial, maintain good instrumentation and civilized manners, and give equal respect to the personal dignity of both parties, so as to avoid reasonable doubts from the parties. The language used by the judges should be serious, accurate, standardized, and civilized. The judicial taboos should be banned. There should be no unfair exhortations and inappropriate words to the parties or other agents, and resolutely put an end to the power to suppress people and force people.
2. Improve recognition ability and truly improve trial efficiency.
The judges should give full play to the role of evidence exchange, especially when the first-instance case is heard, the organizers complete the cross-examination of all the evidence in the evidence exchange stage, which is conducive to the identification of evidence at the court session. In the lawsuit, the judges should fully clarify the relevant provisions of the rules of evidence for the parties, do a good job in litigation and guidance to the parties, and try to avoid the parties using the so-called "new evidence" to raid each other during the court session, resulting in delay in litigation. Raise the judgment rate in court, and try to pronounce it in court as soon as possible.
3. Resolutely put an end to the phenomenon of over-review.
In the court, the President and the internal staff will establish a trial account for each case, supervise according to the time of receipt, and determine the different internal time requirements according to the difficulty of the case. At present, we are implementing: usually the second-instance case should be concluded within two months, the first-instance case should be concluded within four months, and the one that cannot be concluded should be reported to the president in time.
4. Improve the production level of the judgment documents, and focus on solving the problem of irregularity of the judgment documents.
To solve this problem, we must first raise the awareness of the judges on the importance of the quality of the judgment documents. It is necessary to fully realize that the normative judgment documents are not only the embodiment of the judge's individual trial standards, but also an important embodiment of establishing judicial authority and realizing judicial justice. It is necessary to strictly follow the reform requirements of the referee documents proposed by the people's court reform outline, accurately grasp the focus of the parties' controversy, strengthen the argumentation of the disputed facts, strengthen the argumentation of the referee's reasons, and avoid some basic technical errors; strictly follow the Supreme People's Court. The format of the norm produces the judgment documents, accurately and comprehensively reflects the general situation of the trial, avoids the use of dialects, native language and spoken language, regulates the reference to substantive law and program law, and makes the party that wins the case clear and clear, and the party losing the case is plain and clear; Establish and improve the auditing system for the judgment documents, and the relevant personnel must strictly check and find out the problems in time.
5. Continue to strengthen the mediation work and solve the problems of neglecting mediation and making a judgment.
We will pay more attention to the role of mediation in civil litigation, not only to prevent neglect of mediation, but also to prevent one-sided pursuit of mediation rate and forced mediation. In accordance with the requirements of “can adjust, adjust, judge, adjust, and settle the case”, implement the principle of voluntary and fair mediation, so that the parties can obtain fair results through fair and convenient procedures, and effectively implement the case. It’s time to do it. We will also implement a civil mediation program based on the actual situation of the case. That is, cases involving the application of ordinary programs can be mediated before the trial, so that mediation can be implemented throughout the civil proceedings and maximize the role of mediation. In addition, there is currently a large team of people's mediators in the city, and they have all carried out a certain degree of legal training. With the establishment of the regional network of our hospital, the personal data of these people's mediators can be built into an effective one. The resource pool, together with the majority of civil judges in the two courts of the city, form a large mediation network to jointly promote social stability and serve the construction of Baotou Baotou, Baotou Baotou and the rule of law. These people are familiar with the community and can help to deliver some non-delivery documents. Understanding the public can help mediate disputes that are difficult to mediate.
6. Correctly treat the issue of re-judging and sending back re-examination.
We must establish a set of effective case evaluation systems and analysis mechanisms for rectifying and returning retrial cases, and constantly improve the level of refereeing. In cases where the circumstances of the case are complicated or involve new situations or new problems, the court of the first instance is indeed difficult to hear. The court of second instance shall assume the responsibility of finding out the facts according to law, clarifying the responsibilities, and making judgments in a timely manner, and try not to send back the retrial to prevent the phenomenon of "kicking the ball". occur.
Strengthening trial discipline, improving trial style, and advocating judicial civilization. We will continue to increase the education of judges' professional ethics to ensure that judges can strictly abide by the secrets of trials, and not disclose the specific content of the trial organization such as the collegiate bench and the superior leaders and courts. The opinions on the case strictly restrict the activities of the outside business; the warm reception of the parties or agents, the civilized language, and the courtesy of the people, so that each visitor can feel the thoughtful enthusiasm, patience and meticulousness of the judges and the political nature of the people's court; If the case is difficult for the parties to handle the case, the judges and collegiate benches that undertake the case should be patiently and meticulously explained and explained, especially in the case of fewer personnel, heavy tasks, and difficulties. For the unreasonable demands of the parties and agents, it is necessary to do a good job in accordance with the law.
Advancing with the times is the theoretical quality of Marxism and the source of ideas for our work innovation. After the work review of the Standing Committee of the National People's Congress and the effective supervision of the NPC, under the strong leadership of the Party Group, we will unite and work hard in the whole court to continue to improve the ability of "service first priority" and plan for the "Eleventh Five-Year Plan". The implementation of the law creates a good environment for the rule of law; continues to improve the quality and efficiency of trial work, and makes new contributions to building a harmonious society; continue to consolidate the existing trial results and promote new levels of trial work.
Baotou Municipal People's Congress Standing Committee Office
——On November 23, 2005, at the 19th meeting of the Standing Committee of the 12th Municipal People's Congress
Wang Wenlin, President of the First People's Court of Baotou City
Director, deputy director, secretary general, members:
Min Yi Ting is the main business court of the Intermediate People's Court. It is responsible for hearing the first and second instance of marriage, family, real estate cases and real estate adjacent relations cases, the first and second instance of rural contractual contract cases, between natural persons, natural persons and legal persons. Contract cases between other organizations. This time, I was able to accept the work review of the Standing Committee of the National People's Congress. All the comrades of the People's Court were very happy. Commenting on our work, this is both supervision and trust. From September 14 to September 25, we sent back all retrial cases, all reconsideration cases, and 50 randomly selected cases and 50 mediation cases that were concluded between the courts from 2002 to September this year. The case was carried out with a serious self-examination. The self-examination work was closely carried out around the deliberation plan of the Standing Committee of the National People's Congress, which was strongly supported and strongly supported by the NPC Review Group. The relevant situation is reported as follows:
The basic situation of work since the beginning of 2002 and 2002 firmly established the guiding ideology of "just justice, one heart for the people", and give full play to the role of judicial function "just justice, one heart for the people", which is under the guidance of the people's court under the important thinking of "three represents" A new theoretical proposition is presented. Practicing "just justice, one heart for the people", the focus is on "justice" and the core is on "for the people." To this end, we have formulated a series of rules and regulations such as "Special Measures for Judicature for the People" and "Specific Measures for Ensuring the Full Exercise of Civil Litigation Rights by Parties" and made solemn commitments to the people. Following the requirements of "just justice, one heart for the people", our court has effectively carried out its own trial work and faithfully fulfilled its legal duties. From 2002 to September this year, a total of 2,614 cases were accepted and 2,516 cases were closed. The rate reached 96.3%. From the overall average situation, the accuracy rate of first-instance cases reached 94%, the accuracy rate of second-instance cases reached 98.7%; the trial rate of open trials in first-instance cases reached 100%; the open court hearing rate in second-instance cases reached 92%, and the judgment rate in court reached 25 %; the first-instance case does not exceed the trial rate of 99%, and the second-instance case does not exceed the trial rate of 99.5%. In 2002, in the “Double Satisfaction” campaign launched by our institute, Min Yi Ting was awarded the title of “Satisfaction Chamber”; in 2003, it was rated as “Advanced Collective”; the trial work was repeatedly received by the Autonomous Region High Court. Affirmation and praise. According to incomplete statistics, from January to September this year, the court received a plaque from the people, 23 banners, a written thank-you letter or 78 verbal praises.
Respect for private rights, focus on the mediation work under the new situation The core of the civil trial is to respect private rights, the purpose is to stop the dispute. Exploring the fundamental purpose of civil litigation, accepting the fine traditions of people's trials, following the basic requirements of "just justice, one heart for the people" under the new situation, and doing a good job in mediation of cases in accordance with the law is to implement the rule of law in the new era and correctly handle contradictions among the people. An important way and effective way to achieve the organic unity of legal and social effects. In the case of 2004 alone, 115 cases were settled and withdrawn by the court. The rate of mediation and withdrawal of cases was close to 20%. A number of cases with influential and contradictory intensifications were dealt with promptly and effectively, and the hatred was friendly. Resentment is invisible. In 2004, Min Yiting was instructed by the Baotou Municipal People's Government and the People's Government of the Autonomous Region to honor the "advanced collective".
Expanding ideas, innovating work innovation is the soul of the people's court, and it is the core competitiveness of the people's court based on trial practice to create the past and expand the future. These innovations are concentrated in:
——Institutional Innovation: We set out and perfected the “First-instance Civil Case Trial Procedure”, “Second Trial Civil Case Trial Procedure”, “President Joint Conference System”, and “Implementation of the Supreme People’s Court on Civil Litigation” The construction of a series of standardized systems, such as the "Procedures of Certain Provisions of Evidence" and the "Laws for the Filing of Legal Documents in Civil Cases".
——Innovation of ideas: In the quality of the judgment documents, the general emphasis is on replacing the daily case corrections and standardization. In the trial difficulties and hot spots, the case requests are replaced by centralized research and special solutions. The organization of the elite forces regularly compiled the "Selection of Cases for the Guidance of Commercial Decisions of Baotou Civil and Commercial Enterprises" and drafted the "Opinions of the People's Courts of the Baotou City on Solving Certain Issues in Civil Trials", which was discussed and approved by the Judicial Committee. The court trials initiated and led by our court were fully affirmed by the director of the Municipal People's Congress Standing Committee Zhao Daoerji, and made important instructions: "The trial observation activities are worth promoting, and judicial justice is only in specific trial practice. To be realized, the fairness and fairness of court trial activities is decisive for judicial justice."
——Management innovation: We have further improved the operation platform of electronic management, completely realized the electronic process of case management, and focused on expanding the added value effect of the management platform, making full use of network resources, and timely receiving the latest trial information and materials. , to establish their own database resources, to strengthen the quality of cases, to improve the efficiency of trial services.
There are only 15 staff members in the People’s Court and 12 judges, but they are responsible for nearly one-third of the court’s trials. In the past few years, under the correct leadership of the Party Group, all the comrades of the People’s Court have closely focused on the theme of “justice and efficiency”, with deepening reform as the driving force, improving the quality of the guarantee, and taking the people’s satisfaction as the standard. The spirit of dedication, hard work, diligence and innovation is to protect the legitimate rights and interests of citizens, legal persons and other organizations, and to make positive contributions to safeguarding social stability and ensuring the people's livelihood. However, the objective reasons for the small number of personnel and heavy tasks are more subjectively slack, fearful and limited in individual ability, which leads us to still have many problems in our work.
Second, the existing problems and causes analysis of existing problems
1. The quality of a case quality problem is a big problem. There are programs, there are entities, sometimes involving facts, sometimes involving law, and the quality of the case in a broad sense should also include the quality of the judgment documents. For the time being, the above problems are present in different levels of work in our courts. Although the accuracy rate of the current case in our court is among the best in the autonomous region, there is no small matter in the civil affairs, everything is always concerned, and the judiciary is closely related to people's livelihood. How to further improve the accuracy rate of the second-instance case is still an important issue we face. In addition, the signatures of individual case collation are incomplete, and the case, case number, addressee, and person filling in the case of some cases are not filled out or filled in incompletely. The case is not fully filled out in the form, and the case and judgment are written in the case. The case is inconsistent. Some cases have no evidence of the source of the evidence and whether they are checked against the original. There are some cases where the judgment of the case is not sufficient, and there are also missing words and typos. All of these require further improvement in our future work. We need to firmly grasp the breakthrough of the quality of the case and make every case as "iron case" as possible.
2, the rate of judgment in court is not high to summarize the root cause of this phenomenon, nothing more than subjective, objective and technical processing. First, the general social rule of law environment is not satisfactory. The psychological judgment of individual judges on subjectively trying to engage in black-box operation based on various social reasons still exists. Second, the quality of trial trials needs to be improved, and individual judges have limited qualifications. The application of the law and the immediate oral expression to meet the needs of the trial; third, the private law nature of the civil case determines that some cases are suitable for “cold treatment”, and the necessary time and space on the technical level to alleviate the contradictions in order to receive good social effects. .
3. The ability to write legal documents needs to be improved. After the implementation of the presiding officer's responsibility system, a group of comrades with relatively good political, business and written standards have stepped onto the presiding post. Accordingly, the quality of legal instruments has been significantly improved. However, the quality of the production of some instruments is still unsatisfactory, as follows: First, the facts lack a clear statement of the adoption of evidence analysis; secondly, the reasons for the parties’ claims are not comprehensive and unclear; third, the reasons are not adequately explained. The reasons for the conviction are not strong. Therefore, the task of strengthening learning is still urgent.
4. Further strengthen the issue of business guidance to comprehensively formulate and implement the regular trial business communication system as a breakthrough, strengthen the guidance to the grassroots courts, and achieve a new leap in the civil trial work. This was originally an important work of this year. The so-called "periodic trial business communication system" means that the court is responsible for regularly convening the relevant business courts of the grassroots departments to conduct research, discussion and exchange of views on the difficult, doubtful and complicated points of trial work for a period of time, so as to achieve fairness and efficiency. Unification, gradually reduce the rate of second-instance trials, and send back the retrial rate. However, due to objective financial problems and subjective fears, this work has not been implemented so far.
5. The problem of team building is not to be arrogant. Although we strive to avoid unnecessary and reasonable doubts about the fairness of civil trials, we will vigorously improve the credibility of trial activities. However, from the reflection of very few cases, a certain degree of problems still exist. The tricks of individual police officers who are "cold, horizontal and hard" have not been changed. The activities of a few people are not rigorous, and some even express their feelings for the parties. Investigating the case, some police officers are not strict with their requirements in discipline, and there are late arrivals and early departures. The work style of individual police officers is not solid enough, and the handling of cases is procrastinating and the efficiency is not high.
The reason analysis can not deny that our current rule of law environment is still not perfect. The interference from power, humanity and even money exists to varying degrees. Local and departmental protectionism sometimes affects trial work, pan-legalism and legal dogmatism. And the idea of legal nihilism has more or less demands and performances in our vast country. The civil legal relationship is complicated, not only has diversity, but also the novelty of legal relations due to the innovation of economic behavior under market conditions, which leads to the contradiction between the flexibility of behavior and the stability requirements of the system. The lag has finally affected the development of the trial work. However, it can be said with certainty that although these factors are objective, they cannot be the root cause of the problems in the current civil trial work. In fact, very few judges have a weak sense of responsibility in their work. The supervisors are lax and distressed. They are not capable of using the legal theory to carry out their work creatively. The extremely individual judges cannot effectively resist the influence of the external environment and deliberately act. It is the fundamental crux of our current civil trial work that is not completely satisfactory, and the credibility of civil trial work has weakened.
Third, rectification measures to further strengthen the awareness of the people's congress and establish a strong external supervision environment
The people's congress is the organ of state power and exercises power on behalf of the people. The people's court is produced by it and supervised by it. It is an important task for us to further enhance the awareness of the people who work in our work and accept the supervision of the NPC more actively and consciously. We have initially formulated the "Opinions of the People's Court on Accepting the Supervision of the People's Representatives and Receiving Letters from the People's Republic of China". Anyone who asks the people and the parties to question or comment on the work of the people's court must warmly receive, patiently explain and do well. Record, guarantee that there are echoes of the pieces; all the questions raised by the people on behalf of the people's people must give a reply in writing; establish a system for reporting to the members of the Standing Committee of the National People's Congress every half year, and send letters of the half-year work to the members. Seek further guidance on the work of our court.
Strengthening team building, strengthening clean government education, and ensuring judicial integrity. Our court will further improve the team building and clean government education of “typical roads, alarm bells, and system regulation” to ensure judicial integrity. We must continue to carry out in-depth activities to learn from outstanding judges such as Song Yushui, learn the spirit of their selfless dedication, and establish a life standard of "unbiased law, money can not be greedy, officials can not be discussed" and "the argumentation of the law, victory and defeat are all served" The pursuit of value; we must combine the typical cases of violations of law and discipline in the civil trial team in recent years, carry out warning education, and abuse the trial power exposed in typical cases, do money cases, human cases, relationship cases, and disclose trial secrets, etc. The problem is to find out the problems that exist in it, to prevent the micro-duration, and to sound the alarm; we will reform the current practice of the members of the collegiate bench and formulate and improve the corresponding control mechanism; we must establish a system of honest government talks to discover the signs, and the leaders of the court must Do a good job of sex and solve the problem in the bud.
Establish and improve the trial management system, improve the quality of the case, and achieve judicial justice
1. Implement the open trial system and strictly regulate the trial activities.
We will promote public justice and strive to make all cases open for trial. Before the trial, the members of the collegial panel must review the relevant case materials, do a good job in preparation before the trial, and do so in order to improve the efficiency of the trial of the case; in the trial, it is necessary to ensure that the parties fully exercise the right to sue and allow the parties to fully express the quality. Debate, the suspected personnel shall not arbitrarily interrupt the normal complaints and debates of the parties, politely listen and pay attention to them sincerely; after the court, they shall promptly pronounce judgments, change the habit of "relaxing the tone" and make judgments without urgency. To complete the production of the judgment documents within five days after the case is convicted, to prevent the occurrence of work hauling.
In the trial activities, the judges must strictly implement the Supreme Court's regulations on uniform dressing, and wear robes and uniforms neatly and properly. It is strictly forbidden to wear clothes. Obey the court time, observe the judicial etiquette in the trial, maintain good instrumentation and civilized manners, and give equal respect to the personal dignity of both parties, so as to avoid reasonable doubts from the parties. The language used by the judges should be serious, accurate, standardized, and civilized. The judicial taboos should be banned. There should be no unfair exhortations and inappropriate words to the parties or other agents, and resolutely put an end to the power to suppress people and force people.
2. Improve recognition ability and truly improve trial efficiency.
The judges should give full play to the role of evidence exchange, especially when the first-instance case is heard, the organizers complete the cross-examination of all the evidence in the evidence exchange stage, which is conducive to the identification of evidence at the court session. In the lawsuit, the judges should fully clarify the relevant provisions of the rules of evidence for the parties, do a good job in litigation and guidance to the parties, and try to avoid the parties using the so-called "new evidence" to raid each other during the court session, resulting in delay in litigation. Raise the judgment rate in court, and try to pronounce it in court as soon as possible.
3. Resolutely put an end to the phenomenon of over-review.
In the court, the President and the internal staff will establish a trial account for each case, supervise according to the time of receipt, and determine the different internal time requirements according to the difficulty of the case. At present, we are implementing: usually the second-instance case should be concluded within two months, the first-instance case should be concluded within four months, and the one that cannot be concluded should be reported to the president in time.
4. Improve the production level of the judgment documents, and focus on solving the problem of irregularity of the judgment documents.
To solve this problem, we must first raise the awareness of the judges on the importance of the quality of the judgment documents. It is necessary to fully realize that the normative judgment documents are not only the embodiment of the judge's individual trial standards, but also an important embodiment of establishing judicial authority and realizing judicial justice. It is necessary to strictly follow the reform requirements of the referee documents proposed by the people's court reform outline, accurately grasp the focus of the parties' controversy, strengthen the argumentation of the disputed facts, strengthen the argumentation of the referee's reasons, and avoid some basic technical errors; strictly follow the Supreme People's Court. The format of the norm produces the judgment documents, accurately and comprehensively reflects the general situation of the trial, avoids the use of dialects, native language and spoken language, regulates the reference to substantive law and program law, and makes the party that wins the case clear and clear, and the party losing the case is plain and clear; Establish and improve the auditing system for the judgment documents, and the relevant personnel must strictly check and find out the problems in time.
5. Continue to strengthen the mediation work and solve the problems of neglecting mediation and making a judgment.
We will pay more attention to the role of mediation in civil litigation, not only to prevent neglect of mediation, but also to prevent one-sided pursuit of mediation rate and forced mediation. In accordance with the requirements of “can adjust, adjust, judge, adjust, and settle the case”, implement the principle of voluntary and fair mediation, so that the parties can obtain fair results through fair and convenient procedures, and effectively implement the case. It’s time to do it. We will also implement a civil mediation program based on the actual situation of the case. That is, cases involving the application of ordinary programs can be mediated before the trial, so that mediation can be implemented throughout the civil proceedings and maximize the role of mediation. In addition, there is currently a large team of people's mediators in the city, and they have all carried out a certain degree of legal training. With the establishment of the regional network of our hospital, the personal data of these people's mediators can be built into an effective one. The resource pool, together with the majority of civil judges in the two courts of the city, form a large mediation network to jointly promote social stability and serve the construction of Baotou Baotou, Baotou Baotou and the rule of law. These people are familiar with the community and can help to deliver some non-delivery documents. Understanding the public can help mediate disputes that are difficult to mediate.
6. Correctly treat the issue of re-judging and sending back re-examination.
We must establish a set of effective case evaluation systems and analysis mechanisms for rectifying and returning retrial cases, and constantly improve the level of refereeing. In cases where the circumstances of the case are complicated or involve new situations or new problems, the court of the first instance is indeed difficult to hear. The court of second instance shall assume the responsibility of finding out the facts according to law, clarifying the responsibilities, and making judgments in a timely manner, and try not to send back the retrial to prevent the phenomenon of "kicking the ball". occur.
Strengthening trial discipline, improving trial style, and advocating judicial civilization. We will continue to increase the education of judges' professional ethics to ensure that judges can strictly abide by the secrets of trials, and not disclose the specific content of the trial organization such as the collegiate bench and the superior leaders and courts. The opinions on the case strictly restrict the activities of the outside business; the warm reception of the parties or agents, the civilized language, and the courtesy of the people, so that each visitor can feel the thoughtful enthusiasm, patience and meticulousness of the judges and the political nature of the people's court; If the case is difficult for the parties to handle the case, the judges and collegiate benches that undertake the case should be patiently and meticulously explained and explained, especially in the case of fewer personnel, heavy tasks, and difficulties. For the unreasonable demands of the parties and agents, it is necessary to do a good job in accordance with the law.
Advancing with the times is the theoretical quality of Marxism and the source of ideas for our work innovation. After the work review of the Standing Committee of the National People's Congress and the effective supervision of the NPC, under the strong leadership of the Party Group, we will unite and work hard in the whole court to continue to improve the ability of "service first priority" and plan for the "Eleventh Five-Year Plan". The implementation of the law creates a good environment for the rule of law; continues to improve the quality and efficiency of trial work, and makes new contributions to building a harmonious society; continue to consolidate the existing trial results and promote new levels of trial work.
Baotou Municipal People's Congress Standing Committee Office
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