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Summary of XX Court XX Court Civil Trial Work


Under the leadership and guidance of the Municipal Party Committee and the higher courts, with the supervision of the Municipal People's Congress and the support of the government, the Court has always adhered to the guidance of the important thinking of the "Three Represents" and closely followed the theme of "justice and efficiency" and followed the " The principle of "just justice, united for the people" firmly establishes the concept of "the interests of the people are no small matter", vigorously strengthens the building of the team, actively promotes the reform of the trial mode, and conscientiously implements the measures for the administration of the judiciary to promote social harmony, safeguard social integrity and regulate the market economy. Focusing on order, carrying forward the socialist concept of honor and disgrace and safeguarding social stability, we have successfully completed the trial tasks of various civil cases, and fully exerted the functional role of civil trials in resolving conflicts, maintaining stability, and promoting development.
1. Firmly establish the overall situation consciousness, consciously accept the supervision of the National People's Congress, and always adhere to the organic unity of the legal effects and social effects of civil and commercial case trials. Proactively report civil trial work to the National People's Congress and its Standing Committee, accept comments, listen to opinions, and seriously rectify. Pay attention to the trial of agriculture-related cases and sanction various acts that violate the legitimate rights and interests of farmers. Properly handle cases such as marriage and family, damages, labor disputes, etc., and pay attention to protecting the legitimate rights and interests of women, children, the elderly and socially disadvantaged groups. The civil cases supervised by the NPC and its Standing Committee are highly valued, handled fairly, and reported in a timely manner. Focusing on the coordination of relations with the government and relevant departments, the local party committee, the people's congress, the government, the CPPCC and all sectors of society have received strong support and help, so that some hot and difficult cases in society have been dealt with in a timely manner.
2. Constantly increase the intensity of mediation and settlement, and maximize the protection of the legitimate rights and interests of the parties. In accordance with the principle of "can adjust, adjust, judge, and combine judgment", we attach great importance to the trial effect of the case, base on resolving and diverting contradictions, actively use litigation mediation to resolve disputes, and mediate before, during, and after litigation. In combination, we have fully utilized the advantages of mediation work and achieved the "solution of the case."
3. Increase training and improve the judicial capacity and level of judges. Focusing on job training and ability training, we will continuously improve the professional quality of civil trial judges and the ability to control trials, the ability to apply law, the ability to mediate, and the ability to produce judgments. Experts and scholars were invited to teach the judges of the grassroots courts to organize the city's court judges to conduct rigorous examinations, etc., and to exchange judicial ideas through mutual exchanges and learning.
4. Strengthen inspection and guidance on the quality of cases in grassroots courts. This year, the City Intermediate People's Court conducted inspection and guidance on the situation of retrial and retrial cases issued by higher courts, carefully analyzed the problems in the identification of facts and applicable laws, and conducted research on the judgments maintained by higher courts to grasp and grasp the law. The scale of application and enforcement.
5. Strengthen information publicity and research on the characteristics of civil cases. Through the propaganda of influential cases, the promotion of law-enhancing education and social security comprehensive management has been promoted, and the social effects of handling cases have been enhanced, and the popularity of civil trial judges has been enhanced. By strengthening the investigation of the characteristics of civil cases, it has provided guidance and reference for civil trial work, and also provided a basis for leaders and relevant departments to grasp the social dynamics in a timely manner.
6. Strengthen the construction of civil trial judges' integrity system, ensure judicial justice, improve the self-discipline ability of civil trial judges, and warn every one of our civil judges to fulfill their duties, and handle every civil and commercial case in a fair, efficient, and honest manner.
Through the civil trial work in the past four years, our experience and experience are: adhering to the leadership of the party, the supervision of the people's congress, and consciously serving the overall situation are the fundamental guarantees for ensuring the effectiveness of civil trial work; consciously accepting the guidance and supervision of the higher courts, It is the premise of ensuring fair justice; correcting the guiding ideology of law enforcement, establishing the concept of socialist rule of law, and improving the judicial level are the basis for deepening civil trial work and ensuring fair justice; deepening reform, establishing mechanisms, standardizing management, and ensuring fair and efficient civil trial work The inexhaustible motive force; loyalty to the law, dedication and dedication, to create a team of judges with political firmness, professional proficiency, excellent work style, and fair justice is the guarantee for doing a good job in civil trials; the government and all sectors of society, especially the deputies to the National People's Congress and CPPCC members The support, understanding and appeals for improving the judicial conditions of the civil trial work are the inexhaustible source of judges' pursuit of justice and ensuring justice in the whole society. In the future work, we must pay more attention to the use of these effective and valuable experiences, so that the civil trial work of our hospital will continue to achieve new development. Civil trials. First, the quality of civil cases needs to be further improved. In a small number of cases, the evidence is inaccurate, the facts are unclear, and the legal documents have low-level errors such as typos. Second, litigation mediation needs to be further strengthened. Some judges are reluctant to do hard and meticulous ideological work, and there are problems that are contrary to mediation. There is insufficient understanding or lack of responsibility for the unique role of mediation in resolving conflicts, closing cases, and being easy to implement. Third, the referee documents still need to be improved. Some referee documents are unreasonable, not logical, lacking the rigor, normative and authoritative. Fourth, it is difficult to deliver, difficult to obtain evidence, and it is difficult for witnesses to testify in court to plague civil trials for a long time. Civil complaints and complaints. Civil cases have a large base and complex legal relationships, involving the immediate interests of the parties. In addition, the evidence in civil cases adopts a highly probabilistic principle. Whoever advocates for proof, some parties have a weak sense of legal awareness and litigation risk, and cannot prove their own evidence. The failure of the litigation decision, the improper exercise of the right to sue, and the unsatisfactory litigation result caused by the failure to actively perform the litigation obligation are regarded as judicial injustice, and thus the appeal is not limited. On the other hand, due to the low quality and efficiency of individual cases, the judgment documents say that the rationality is not strong, the analysis of the law is not detailed, and the parties are not allowed to serve the judgment. Civil trial team. There are some judges who are engaged in civil trials in our hospital, and the average age is old. There is no judge under the age of one, and only judges under the age of one are only people. First, due to the constraints of personnel establishment, entry mechanism, and the treatment of judges, civil trial judges are not accepted, and the age structure is very unreasonable. Second, in terms of the adjustment of judicial personnel, due to historical reasons, some judges have limited quality, ability, and knowledge level, which can no longer meet the needs of current trial work. There are relatively few high-quality judges, which makes them seem to be stretched in terms of staff deployment. Greatly constrained the development of civil trial work. Third, the time for the judge's study and training cannot be guaranteed. The improvement of the judge's professional quality and judicial ability has been limited. Fourth, the personality and dignity of judges are often subjected to unwarranted insults and damages, and even personal safety is often threatened. There is nothing that can be done. Fifth, the judge's work pressure and risk are high, which has led some judges to be unwilling to engage in trial work, especially unwilling to engage in civil trial work. Material equipment and funding guarantees. Due to the limited conditions of office handling, it is unable to meet the needs of the trial work. The daily work of the court relies on the return of limited litigation costs, and the return is often not timely. The court can only eat food, borrow from East Norse, and often be hired to collect debts, which affects the authority and impartial image of the court. The judges of the People’s Court and the People’s Court have only x computers, and most of the judges have to work overtime to print legal documents. Due to the constraints of traffic conditions, it has affected the timely mediation and timely implementation of some cases and the implementation of judicial measures for the people.
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